ED  REGULATIONS 

FOR  THE 


JAMES  RIVER  AND  KANAWHA  CANAL, 


ADOPTED  BY 


THE  BODY  OF  STOCKHOLDERS 

AT  THEIR 


TENTH  ANNUAL  MEETING 

IN  DECEMBER  1844, 


TOGETHER  WITH 


TABLES  OF  TOLLS  AND  DISTANCES. 


RICHMOND: 

PRINTED  BY  SHEPHERD  AND  COLIN. 


1845. 


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POWER  OF  THE  STOCKHOLDERS 

TO  MAKE 

BY-LAWS,  RULES  AND  REGULATIONS. 


[Extract  from  the  Act  of  the  Legislature , entitled  “ An  Act 
incorporating  the  Stockholders  of  the  James  River  and 
Kanawha  Company ,”  passed  March  16 th,  1832.] 

§ 10.  The  stockholders,  in  general  meeting,  shall  have 
power  to  make  such  by-laws,  rules  and  regulations,  not  in- 
consistent with  the  constitution  or  laws  of  the  land,  as  they 
may  deem  proper,  for  the  well  ordering  of  the  affairs  of  the 
company,  for  the  protection  and  preservation  of  their  pro- 
perty, and  for  the  maintenance  of  good  order  and  good  po- 
lice among  their  officers,  agents,  servants  and  labourers, 
and  among  the  boatmen  and  others  who  use  their  canal 
and  other  works. 


ADOPTION  OF  THE  AMENDED  REGULATIONS. 

At  the  Tenth  Annual  Meeting  of  the  Stockholders  of  the 
James  River  and  Kanaioha  Company , held  at  the  Capi- 
tol in  the  City  of  Richmond , on  the  14 th  December  1844: 

Resolved , That  the  body  of  “ Amended  Regulations  for 
the  navigation  and  management  of  the  James  River  and 
Kanawha  Canal,”  recommended  by  the  president,  with  the 
approbation  of  the  board  of  directors,  be  and  they  are 
hereby  adopted  instead  of  the  “ Regulations  &c.”  adopted 
by  the  stockholders  at  their  called  meeting  in  July  1840 ; 
and  that  said  amended  regulations  shall  commence  and  be 
in  force  from  and  after  the  first  day  of  January  next. 

Resolved , That  the  president  and  directors  be  and  they 
are  hereby  authorized  and  requested  to  adopt  from  time  to 
time  such  measures  as  shall  be  found  necessary,  in  order  to 
carry  said  amended  regulations  into  effect  according  to  their 
true  spirit  and  intent. 

Extract  from  the  records. 

SAM’L  M’D.  REID,  Chairman. 
W.  B.  Chittenden,  Clerk. 


■ 


Digitized  by  the  Internet  Archive 
in  2017  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/amendedregulatioOOjame 


AMENDED  REGULATIONS 


FOR  THE 

NAVIGATION  AND  MANAGEMENT 


OF  THE 

JAMES  RIVER  AND  KANAWHA  CANAL. 


REGISTRY  OF  BOATS. 

1.  The  term  “float,”  as  used  in  the  following  rules  and  Float  defined, 
regulations,  shall  be  construed  to  embrace  every  boat,  ves- 
sel, raft  or  floating  thing  navigated  on  the  canal,  or  moved 
thereon,  under  the  direction  of  some  person  having  the 

charge  thereof ; and  in  the  case  of  a raft  of  lumber,  which 
by  this  article  is  embraced  in  the  term  “ float,”  all  the  pro- 
visions in  the  following  rules  and  regulations  which  relate 
to  the  cargoes  or  lading  of  boats  or  floats,  shall  be  deemed 
to  apply  to  the  lumber  of  which  such  raft  is  composed,  as 
well  as  to  the  property  conveyed  thereon  ; and  the  term  Master  defined, 
“master,”  as  so  used,  shall  be  construed  to  apply  to  every 
person  having,  for  the  time,  the  charge,  control  or  direction 
of  any  such  float. 

2.  The  owner  or  owners  of  every  boat  navigating  the  certificates  of 
canal,  except  “river  boats,”  so  called,  shall  subscribe  and owner9l,,p* 
deliver  to  the  toll-gatherer,  of  whom  the  first  clearance  for 

such  boat  shall  be  demanded,  a certificate,  to  be  entitled  a 
“ Certificate  of  ownership,”  containing  the  name  or  names 
of  such  owner  or  owners,  and  his,  her  or  their  respective 
place  or  places  of  abode,  the  name  of  the  said  boat,  and  the 
name  of  some  place  as  its  hailing  place,  or  the  place  where 
it  is  owned,  and  accompanied  by  a certificate  from  the  in- 
spector at  Richmond,  that  said  boat  is  canal  worthy,  and 
(if  a freight  boat)  has  been  gauged. 

3.  If  the  owner  or  owners  of  the  boat  shall  reside  out  of  in  case  of  non- 
this  state,  the  certificate  of  ownership  shall  be  signed  and  re8ldent  owner8‘ 
delivered  by  the  master  of  the  boat  as  the  owner  thereof; 

and  in  case  of  a change  of  the  master  of  such  boat,  the  new 


6 


JAMES  RIVER  AND 


master  shall  sign  a new  and  proper  certificate  of  ownership 
of  said  boat,  and  deliver  the  same  to  the  toll-gatherer  of 
whom  he  shall  first  require  a clearance,  accompanied  by  a 
like  certificate  from  the  inspector  at  Richmond,  as  is  required 
by  the  last  preceding  article. 

Expiry  of  regis-  4 Every  registry  of  a boat  shall  expire  at  the  end  of 
three  years  from  the  date  of  the  certificate  thereof,  and  said 
New  registry,  boat  shall  not  afterwards  be  cleared  again,  until  a new  re- 
gistry thereof  shall  have  been  effected  in  like  manner  as  on 
the  first  application  for  a clearance. 

Register  of  boats.  5.  The  president  and  directors  shall  cause  to  be  made  a 

register  of  all  boats  navigating  the  canal,  which  shall  be 
kept  with  the  books  and  papers  in  the  secretary’s  office,  and 
be  open  to  inspection  during  office  hours. 

Register,  how  6.  If  any  person  or  persons,  residing  within  the  state  and 
claiming  to  be  the  owner  or  owners  of  a registered  boat  by 
a transfer  from  its  former  owner  or  owners,  shall  produce 
and  deliver  to  the  toll-gatherer  at  whose  office  the  said  boat 
was  last  registered,  due  proof  of  such  transfer,  and  a “ Cer- 
tificate of  change  of  ownership,”  signed  by  such  claimant 
or  claimants,  and  accompanied  by  a certificate  from  the  in- 
spector at  Richmond,  such  as  is  required  by  the  2d  article, 
the  register  of  such  boat  shall  be  changed  so  as  to  corres- 
pond with  such  certificate  of  change  of  ownership. 

Duty  of  toii-ga-  7.  Every  toll-gatherer  receiving  a certificate  of  owner- 
ship, or  certificate  of  change  of  ownership,  shall  sign  an 
acknowledgment  of  the  receipt  thereof,  and  deliver  the  same 
to  the  master  of  the  boat,  and  shall  without  delay  transmit 
the  certificate  so  received,  to  the  office  of  the  company. 

Name  and  haii-  8.  Neither  the  name  nor  the  hailing  place  of  any  regis- 
be ^chan ged° with-  tered  boat  shall  be  changed  without  the  order  of  the  presi- 
out authority.  dent  anq  doctors,  or  of  their  authorized  agent;  and  every 
owner  of  a boat  who  shall,  without  such  order,  change  its 
name  or  hailing  place  from  those  stated  in  its  certificate  of 
ownership  then  in  force,  and  every  master  who  shall  report 
such  boat  or  apply  for  a clearance  thereon  at  any  toll-ga- 
therer’s office  by  a different  name  or  hailing  place  than  those 
Penalty.  so  stated,  shall,  for  every  such  offence,  forfeit  and  pay  to 
the  company  the  penalty  of  eighteen  dollars,  and  the  toll- 
gatherer  at  whose  office  such  boat  shall  have  been  reported, 
or  a clearance  thereon  applied  for,  is  charged  with  the  col- 
lection of  such  penalty. 

owners  of  boats.  9.  The  person  or  persons  specified  in  its  certificate  of 
ownership  as  the  owner  or  owners  of  a boat,  shall  be  deemed 
in  law  the  true  owner  or  owners  thereof,  for  all  the  pur- 
poses of  enforcing  the  collection  of  tolls,  and  the  execution 
of  the  rules  and  regulations  for  the  navigation  and  mainte- 
nance of  the  canal ; and . every  boat  or  float  navigating,  or 
remaining  in,  the  canal  or  any  of  its  basins  or  pools,  toge- 


KANAWHA  COMPANY. 


7 


ther  with  all  the  component  parts,  furniture  and  tackle  of 

said  boat  or  float,  shall  be  liable  for  every  penalty  incurred  Boats  and  floats 

for  a violation  of  said  rules  and  regulations,  by  the  owner,  lies.16  for  pena1' 

master,  head  man  or  any  of  the  crew  of  said  boat  or  float  at 

the  time  of  such  violation,  and  every  such  boat  or  float, 

with  all  its  component  parts,  furniture  and  tackle,  may  be 

taken  and  sold  under  execution  for  the  collection  of  such 

penalty. 

10.  The  president  and  directors  shall  cause  to  be  trans-  copy  of  registers 
mitted  from  time  to  time  to  each  of  the  several  toll-gather-  gatherers! t0  to11" 
ers,  a certified  copy  of  the  register  of  boats  in  the  secre- 
tary’s office,  and  of  the  several  changes  made  therein. 

11.  No  two  or  more  boats  registered  as  having  the  same  Name  and  imii- 

hailing  place,  shall  have  the  same  name.  mg  place. 

12.  Every  registered  boat  navigating  the  canal  shall  have  to  be  painted  on 
its  name  and  hailing  place,  corresponding  with  its  certificate each  boat‘ 

of  registry  then  in  force,  painted  in  some  conspicuous  and 
permanent  part  of  the  outside  of  said  boat,  in  letters  of  at 
least  four  inches  in  height. 

GAUGE  DOCKS  AND  INSPECTORS. 

13.  There  shall  be  a gauge  dock  established  at  or  near,  Gauge  docks, 
and  connected  with,  each  toll-gatherer’s  office,  and  gauge wieie* 
docks  established  at  such  other  points  on  the  line  as  the 
president  and  directors  may  designate ; of  each  of  which  inspectors, 
gauge  docks,  an  inspector,  either  special  or  ex  officio , at  the 
discretion  of  the  president  and  directors,  shall  have  the 
charge  and  management. 

14.  Each  gauge  dock  shall  be  furnished  by  the  inspector  Gauge  rods, 
at  Richmond,  at  the  cost  of  the  company,  with  a sufficient 
number  of  gauge  rods,  of  the  description  recommended  by 

the  late  William  Lake,  principal  assistant  engineer,  (in  his 
“ Report  on  gauging  docks,”  published  in  the  appendix  to 
the  sixth  annual  report ;)  all  of  which  rods  shall  be  gradu- 
ated by  the  same  scale. 

GAUGING  BOATS. 

15.  Every  boat  navigating  the  canal,  and  carrying  freight  what  boats  to  be 
(except  river  boats)  shall  immediately  previous  to  its  first  when, 
registry,  and  immediately  before  every  renewal  of  its  regis- 
try after  the  same  shall  have  expired,  be  taken  into  the 

gauge  dock  at  Richmond  for  the  purpose  of  being  gauged 
or  regauged  by  the  inspector  having  charge  thereof. 

16.  Every  boat  before  entering  said  gauging  dock  for  the  Boats  to  be  cicar- 
purpose  of  being  gauged,  shall  be  cleared  of  every  article  gauged!6  bein 8 
on  board  except  its  fixtures,  necessary  furniture  and  tackle, 

and  of  every  person  on  board,  and  as  nearly  cleared  of  water 


8 


JAMES  RIVER  AND 


Gauge  plates  to 
be  affixed  on 
boats. 


Not  to  be  dis- 
turbed. 
Penalty. 


Boats,  how 
gauged. 


Boats  to  be  re- 
gauged. 


Boats  may  be  re- 
quired to  be  re- 
gauged. 


as  is  practicable  with  ordinary  care  and  pains,  and  the  in- 
spector and  his  assistants  shall  use  all  possible  vigilance  to 
see  that  this  is  done  before  the  boat  is  gauged.  And  the 
inspector  shall  have  power  to  take  up  or  perforate  any  por- 
tion of  the  inside  flooring  of  a boat  for  the  purpose  of  as- 
certaining whether  or  not  there  is  water  in  said  boat. 

17.  Previous  to  gauging  the  boat,  the  inspector  shall  affix 
upon  its  upper  and  outer  edges  three  pairs  of  metallic  plates — 
the  two  plates  constituting  a pair  being  placed  on  opposite 
sides  of  the  boat,  and  one  pair  being  placed  at  the  centre, 
another  forward  and  the  other  aft — on  which  plates  the  arms 
of  the  gauge  rods  are  to  be  placed  both  in  gauging  the  boat 
at  first,  and  in  ascertaining  the  weight  of  its  cargo  after- 
wards. The  position  of  these  plates,  or  either  of  them, 
shall  on  no  account  be  changed ; and  the  master  or  owner 
of  any  boat  or  float  who  shall  suffer  said  plates  to  be  re- 
moved, or  their  position  to  be  changed,  shall  forfeit  and  pay 
to  the  company  the  penalty  of  eighteen  dollars ; and  the 
toll-gatherer  who  shall  first  discover,  or  be  informed  that 
the  position  of  said  plates,  or  either  of  them,  has  been 
changed,  is  charged  with  the  collection  of  said  penalty. 

18.  The  inspector  at  Richmond  shall  gauge  and  regauge 
boats  in  the  manner  recommended  in  the  report  of  Mr.  Lake 
mentioned  in  article  14,  making  a gauge  register  of  the 
readings  of  the  indices  of  the  gauging  rods  for  each  quarter 
of  a ton  of  the  capacity  of  such  boat  or  float,  from  0 to  10, 
and  for  each  half  ton  from  10  to  20,  and  for  each  ton  from 
20  to  the  maximum  tonnage  of  said  boat  or  float,  and  stating 
on  said  gauge  register  the  accurate  measure  of  the  water  in 
said  boat  or  float  when  so  gauged. 

19.  It  shall  be  the  duty  of  the  inspector  at  Richmond  to 
regauge,  in  the  manner  prescribed  in  the  last  preceding  ar- 
ticle, any  boat  or  float,  on  application  of  the  master  or  owner 
thereof,  and  on  payment  by  him  to  the  said  toll-gatherer,  of 
a sum  hereafter  to  be  fixed  by  the  president  and  directors, 
as  a fee  for  such  service. 

20.  Whenever  an  inspector  shall  have  reason  to  believe 
that  the  weight  or  condition  of  any  freight  boat  navigating 
the  canal  has  been  so  changed  that  the  use  of  the  gauging 
rods  and  its  gauge-register  indicate  the  weight  of  its  cargo 
to  be  materially  less  than  the  real  weight  thereof,  he  shall 
require  the  master  of  said  boat  to  take  the  same  to  the 
gauge  dock  at  Richmond  to  be  regauged ; and  immediately 
give  notice  of  such  requisition  to  the  several  toll-gatherers 
and  superintendents  of  repairs — of  whom,  the  former  shall 
refuse,  afterwards,  to  clear  said  boat,  and  the  latter  shall 
cause  the  lock-keepers  to  refuse  to  pass  said  boat  through 
their  respective  locks,  (except  for  the  purpose  of  complying 
with  such  requisition,)  until  it  shall  have  been  regauged. 


KANAWHA  COMPANY. 


9 


The  duty  of  regauging  said  boat  shall  be  performed  by  the 
inspector  at  Richmond,  immediately  on  its  arrival  at  his 
gauging  dock  for  that  purpose. 

21.  The  inspector  at  Richmond,  on  gauging  or  regauging  copies  of  gauge 
any  boat  or  float,  shall,  without  delay,  make  out  and  trans-  genuSe0^- 
mit  a certified  copy  of  the  gauge  register  thereof,  with  the  spectors* 
date  of  such  gauging  or  regauging,  to  each  of  the  other  in- 
spectors on  the  canal. 

22.  Whenever  an  inspector  shall  find  any  boat  on  the  Boats  not  canai- 
canal  unfit  for  navigation,  he  shall  give  notice  thereof  to"°r  iy‘ 

the  several  toll-gatherers  and  superintendents  of  repairs — 
of  whom,  the  former  shall  refuse,  afterwards,  to  clear  said 
boat,  and  the  latter  shall  cause  the  lock-keepers  to  refuse  to 
pass  it  through  their  respective  locks. 

BATTEAUX  OR  RIVER  BOATS. 

23.  The  president  and  directors  are  authorized  to  permit  Batteaux  may  be 
the  use  of  batteaux  or  common  river  boats  on  the  line  of u&ed* 

the  improvement,  for  so  long  a time  as,  in  their  opinion,  the 

use  of  such  boats  shall  be  necessary  for  the  accommodation 

of  the  public,  and  under  such  special  regulations  as  they 

may  think  reasonable  and  proper ; and  they  are  also  autho-  Shall  be  exempt 

rized  to  exempt  such  boats  from  the  regulations  respecting  reglstry’ 

the  registry,  naming  and  gauging  of  boats. 

SHIPPING  PROPERTY. 

24.  With  a view  to  facilitate  the  inspection  of  cargoes,  Lading  to  be  ar- 
the  master  of  every  boat  or  float  navigating  the  canal  and  JScfiom® m* 
carrying  freight,  shall  at  all  times  have  the  lading  of  his 

boat  or  float  so  arranged  that  the  portion  thereof  chargeable 
with  toll  at  a rate  less  than  three  cents  per  ton  per  mile,  may 
be  conveniently  seen  and  examined. 

25.  Shippers  of  property  which  is  contained  in  bundles,  Gross  weight  to 
or  in  bags,  crates,  boxes  or  other  vessels,  shall  be  required  bundles, e&c. 
to  mark  thereon  the  true  gross  weight  of  the  same. 

BILLS  OF  LADING  OR  MANIFESTS. 

26.  Every  master  of  a boat  or  float  conveying  property  Bin  of  lading, 
on  the  canal,  shall,  on  receiving  such  property  on  board, 

cause  to  be  made  out  a true  bill  of  lading  or  manifest  of 
such  property,  which  shall  be  signed  by  himself  and  the 
consignor  of  the  property,  and  shall  contain — 

1.  The  name  of  the  place  on  the  canal  (if  at  Rich- its  contents, 
mond,  Scottsville  or  Lynchburg,  otherwise  the  num- 
ber of  the  milestone  nearest  to  the  place)  at  which 
such  property  was  shipped,  and  the  place  (or  num- 
2 


10 


JAMES  RIVER  AND 


Bill  of  timber. 


Its  contents. 


Bills  of  lading, 
to  whom  shewn 


To  whom  deli- 
vered. 


Penalty  for  not 
delivering  bill  < 
lading. 


Penalty  for  de- 
livering false  bi! 
of  lading. 


ber  of  the  milestone  nearest  to  the  place)  at  which 
it  is  to  be  discharged. 

2.  A specification  of  the  species  of  property  so  shipped 
by  said  consignor,  and  of  the  quantity  and  gross 
weight  of  each  species  of  said  property. 

27.  Where,  a float  consists  of  a raft  or  tow  of  timber,  the 
person  having  charge  of  the  same  shall  have  in  his  posses- 
sion a bill  of  said  timber,  answering  to  a bill  of  lading, 
signed  by  himself  and  the  consignor  of  said  timber,  and 
stating  the  place  or  places  at  which  said  raft  or  tow,  or  any 
portion  or  crib  thereof,  was  put  afloat  on  the  canal,  and  the 
place  or  places  to  which  said  timber  shall  be  consigned  or 
is  to  be  cleared,  and  specifying  the  number  of  sticks  and 
quantity  of  timber  in  each  crib  composing  said  raft  or  tow  ; 
and  the  various  provisions  in  these  regulations  relative  to 
bills  of  lading,  shall  apply  in  all  respects  to  said  bills  of 
timber. 

28.  Every  bill  of  lading  in  the  possession  of  the  master 
of  a boat  or  float  shall  be  exhibited 

1.  To  the  toll-gatherer  from  whom  a clearance  for  the 
boat  or  float  shall  be  required ; 

2.  To  every  other  toll-gatherer  and  inspector  at  whose 
office  the  boat  or  float  arrives  in  the  course  of  its 
voyage,  having  on  board  the  property  manifested  in 
said  bill  of  lading  ; 

3.  To  the  keeper  of  every  clearance  lock  through  which 
the  boat  or  float  shall  pass,  having  said  property  on 
board — 

and  at  the  close  of  the  voyage,  after  the  delivery  of  the 
cargo,  the  said  bill  of  lading  shall  be  delivered  to  the  toll- 
gatherer  next  applied  to  for  a clearance  of  the  same  boat. 

29.  Every  master  of  a boat  or  float  navigating  the  canal, 
who  shall  omit  to  exhibit  or  deliver  a bill  of  lading  to  any 
toll-gatherer  when  required,  shall  forfeit  and  pay  to  the 
company  a penalty  of  eighteen  dollars ; and  the  said  toll- 
gatherer  is  charged  with  the  collection  of  such  penalty. 

30.  Every  person  who  shall  sign,  exhibit  or  deliver  to 
any  toll-gatherer  a false  bill  of  lading,  shall,  for  every  such 
offence,  forfeit  and  pay  to  the  company  a penalty  equal  to 
three  times  the  toll  on  the  omitted  property  for  the  whole 
distance  such  property  shall  have  been  conveyed,  or  in- 
tended, according  to  such  bill  of  lading,  to  be  conveyed  on 
the  canal  j and  the  toll-gatherer  to  whom  such  false  bill  of 
lading  shall  be  delivered,  is  charged  with  the  collection  of 
such  penalty. 


INSPECTION. 


Duty  of  shippers  31.  Declaratory  note.  It  is  the  duty  of  masters  of  boats 
an  masters.  anq  shippers  0f  property  to  render,  in  their  bills  of  lading, 


KANAWHA  COMPANY. 


11 


a true  account  of  the  species  and  weight  of  the  property 
received  by  the  former  and  shipped  by  the  latter ; and  they 
are  responsible  for  the  correctness  of  their  bills  of  lading. 
The  object  of  inspection  is  not  to  aid  shippers  and  boat- 
masters  in  making  out  true  bills  of  lading,  but  to  detect 
errors  and  falsehoods  in  them,  if  any,  after  they  are  made 
out  and  delivered  to  the  proper  officer,  with  a view  to  pre- 
vent frauds  on  the  revenue  of  the  company. 

32.  The  master  of  a boat,  having  his  lading  for  a voyage 
on  board,  shall  take  his  boat  into  the  gauge  dock  connected 
with  the  office  of  the  toll-gatherer  to  whom  he  is  about  to 
apply  for  a clearance,  and  deliver  to  the  inspector  having 
charge  of  said  dock,  all  his  bills  of  lading. 

33.  The  inspector,  on  receiving  said  bills  of  lading,  shall 
ascertain  by  actual  view  whether  the  various  articles  mani- 
fested therein,  which  are  chargeable  with  toll  at  a rate  less 
than  three  cents  per  ton  per  mile,  are  all  on  board.  If  the 
cargo  is  not  so  arranged  as  to  facilitate  this  examination,  (as 
required  by  article  24,)  he  shall  require  the  master  of  the 
boat,  at  his  own  expense,  to  unlade  and  reship  the  said 
cargo,  promptly,  in  whole  or  in  part,  as  may  be  necessary 
for  the  purpose  of  inspection.  If  the  master  refuses  to 
comply  with  this  requisition,  he  shall  forfeit  and  pay  to  the 
company  a penalty  of  eighteen  dollars,  to  be  collected  by 
the  toll-gatherer  with  whose  office  the  said  gauge  dock  is 
connected,  and  the  inspector  shall  himself  overhaul  or  un- 
lade the  cargo,  in  whole  or  in  part,  as  may  be  necessary  for 
the  purpose  aforesaid. 

If  on  such  examination  the  inspector  shall  find  missing 
any  manifested  article  chargeable  with  toll  at  a rate  less 
than  three  cents  per  ton  per  mile,  he  shall  note  the  fact  on 
the  bill  of  lading  in  which  it  is  manifested.  If  he  shall 
find  on  board  any  article  not  contained  in  any  bill  of  lading, 
he  shall  inform  the  toll-gatherer  of  the  fact,  in  writing. 

He  shall  also,  by  the  use  of  his  gauge  rods  and  the  gauge 
register  of  the  boat,  ascertain  the  actual  weight  of  the 
cargo,  and  endorse  a certificate  of  the  same  on  a blank 
clearance ; but  in  no  instance  shall  he  disclose  said  weight 
to  the  master  or  any  of  the  crew  of  the  boat. 

He  shall  then  deliver  to  the  toll-gatherer  with  his  own 
hands  the  blank  clearance  so  endorsed,  together  with  the 
several  bills  of  lading,  and  written  information  of  the  pe- 
nalty, if  any,  incurred  by  the  master  under  this  article,  or 
enclosing  them  under  lock  and  key  in  a small  portable  box 
to  which  the  toll-gatherer  has  also  a key,  he  shall  send  them 
to  the  toll-gatherer  by  a messenger  other  than  the  master  or 
any  of  the  crew  of  the  boat ; and  thereupon  shall  dismiss 
the  boat  from  the  gauge  dock. 

34.  The  master  of  a boat  carrying  freight,  on  arriving  in 
the  course  of  his  voyage  at  a gauge  dock,  shall  without  de- 


Object  of  inspec- 
tion. 


Loaded  boats  to 
be  taken  to  gauge 


Bills  of  lading 
to  be  delivered 
to  inspector. 

Inspector’s  du- 
ties. 

Shall  compare 
cargo  with  bills 
of  lading. 

Shall  require 
cargo  to  be  ar- 
ranged for  in- 
spection. 


Penalty  for  re- 
fusal. 


Shall  note  mis- 
sing articles. 


Shall  ascertain 
weight  of  cargo. 


Shall  deliver 
boat’s  papers  to 
toll-gatherer. 


Loaded  boats 
shall  go  into 
every  gauge 
dock. 


12 


JAMES  RIVER  AND 


lay  take  his  boat  into  said  dock  for  the  purpose  of  having 
the  cargo  inspected,  and  shall  deliver  all  his  boat’s  papers 
Penalty.  to  the  inspector ; and  for  failure  to  do  so,  he  shall  forfeit 
and  pay  to  the  company  the  penalty  of  eighteen  dollars, 
with  the  collection  of  which  the  toll-gatherer  at,  or  nearest 
to,  that  place,  is  charged. 

inspectors  shall  35.  The  inspector  on  receiving  said  papers,  shall  examine 
bills  of  lading  by  the  cargo,  and  ascertain  whether  it  corresponds  with  the 
Arrangement  of  bills  of  lading  so  delivered  to  him.  If  the  cargo  is  not  so 
cargo  or  mspec-  arrange(j  as  t0  faciiitate  this  examination  (as  required  by  ar- 
ticle 24),  he  shall  require  the  master  of  the  boat,  at  his  own 
expense,  to  unlade  and  reship  the  said  cargo,  promptly,  in 
whole  or  in  part  as  may  be  necessary  for  the  purpose  of  in- 
Penaity  for  refu-  spection.  If  the  master  refuses  to  comply  with  this  requi- 
sition, he  shall  forfeit  and  pay  to  the  company  a penalty  of 
eighteen  dollars,  to  be  collected  by  the  toll-gatherer  at  or 
nearest  to  that  place,  and  the  inspector  shall  himself  over- 
haul and  unlade  the  cargo  in  whole  or  in  part  as  may  be 
necessary  for  the  purpose  aforesaid ; and  also,  without  de- 
lay, notify  the  nearest  toll-gatherer  of  the  penalty  thus  in- 
curred by  the  master. 

Missing  articles  If  on  such  examination  the  inspector  shall  find  missing 
to  be  noted.  any  manifested  article  chargeable  with  toll  at  a rate  less 
than  three  cents  per  ton  per  mile,  he  shall  note  the  fact  on 
the  bill  of  lading  in  which  it  is  manifested, 
weight  of  cargo  He  shall  also,  by  means  of  his  gauge  rods  and  the  gauge- 
register  of  the  boat,  ascertain  the  actual  weight  of  the  cargo, 
and  endorse  a certificate  of  the  same  on  the  clearance,  if 
any,  or  if  there  is  no  clearance,  then  on  a blank  clearance. 
Boat’s  papers  to  Then,  in  case  the  said  gauge  dock  is  connected  with  a 
toii-gatherer.10  toll-gatherer’s  office,  the  inspector,  without  disclosing  the 
actual  weight  of  the  cargo  to  the  master  or  any  of  the  crew 
of  the  boat,  shall  either  deliver  all  the  boat’s  papers  (inclu- 
sive of  the  blank  clearance  endorsed  as  aforesaid,  if  any,) 
to  the  toll-gatherer  with  his  own  hand,  or  enclose  them 
under  lock  and  key  in  a small  portable  box  to  which  the 
toll-gatherer  has  also  a key,  and  send  them  to  the  toll-ga- 
therer by  a messenger  other  than  the  master  or  any  of  the 
crew  of  the  boat ; and  thereupon  shall  dismiss  the  boat 
from  the  gauge  dock. 

inspector’s  duty  But  in  case  the  said  gauge  dock  is  not  connected  with  a 
toll-gatherer.  no  toll-gatherer’s  office,  then  the  inspector  shall  compute  the 
amount  of  tonnage  called  for  by  the  boat’s  papers,  by  ad- 
ding to  the  actual  weight  of  the  cargo,  if  any,  cleared  at  the 
commencement  of  the  voyage,  the  aggregate  weight  of  the 
property  subsequently  taken  on  board  as  manifested  in  the 
bills  of  lading  of  the  same,  and  deducting  the  weight  of 
the  articles  already  delivered  in  the  course  of  the  voyage ; 
and  if  the  excess  of  the  actual  tonnage,  as  ascertained  by 
the  gauge  rods  and  gauge  register,  over  such  computed  ton- 


KANAWHA  COMPANY. 


13 


nage,  does  not  amount  to  one  per  cent,  upon  the  weight  of 
the  cargo,  he  shall  take  no  account  of  the  difference.  But  shall  collect  toil 
if  such  excess  shall  amount  to  one  per  cent,  or  more  on  the  on  ovei  welght* 
weight  of  the  cargo,  he  shall  require  the  master  of  the  boat 
to  pay  toll  therefor  at  the  highest  rate  per  ton  per  mile  in 
the  tariff  of  tolls,  for  the  whole  extent  of  the  voyage,  and 
having  received  it,  he  shall  receipt  the  same  on  the  clear- 
ance. He  shall  also  require  the  master  of  the  boat  to  pay  And  on  missing 
toll  at  the  highest  rate  in  the  tariff  of  tolls,  for  the  whole  artlcles> &c* 
extent  of  the  voyage,  on  the  weight  of  all  articles  charge- 
able with  toll  at  a rate  less  than  three  cents  per  ton  per 
mile,  which  are  called  for  by  the  bills  of  lading  but  are  not 
on  board  (deducting,  however,  the  tolls  already  paid  on  said 
articles),  and  shall  give  a receipt  therefor  on  the  clearance. 

Moreover,  if,  by  the  boat’s  papers,  all  the  property  on  Toil  on  unciear- 
board  is  to  be  discharged  short  of  the  next  toll-gatherer’s  when°torbe  paid 
office  in  the  direction  of  the  voyage,  the  inspector  shall  re- t0  lnsPector- 
quire  toll  on  all  property  and  passengers  on  board  not  al- 
ready cleared,  to  be  paid  to  himself,  and  he  shall  take  in 
the  original  clearance  and  issue  to  the  master  a certified 
copy  thereof  with  a receipt  for  all  moneys  paid  to  him  by 
the  master,  endorsed  thereon. 

But  if,  by  the  boat’s  papers,  any  portion  of  the  cargo  is  inspector’s  ticket 
destined  to  be  carried  as  far  as  the  next  toll-gatherer’s  office  sued? t0  be  ls’ 
in  the  direction  of  the  voyage,  he  shall  enter  in  a register 
all  the  articles  and  passengers  on  board  not  already  cleared, 
and  issue  to  the  master  an  inspector’s  ticket  therefor,  in  a 
form  to  be  furnished  by  the  secretary  of  the  company.  If  inspector’s  ticket 
on  a previous  voyage  of  the  boat  he  shall  have  issued  to  age,pto  be°return- 
the  master  an  inspector’s  ticket,  and  the  said  boat  shall ed- 
have  been  subsequently  at  a place  where  there  is  a toll-ga- 
therer’s office,  the  inspector  shall  require  such  ticket  to  be 
returned  to  him,  endorsed  with  a toll-gatherer’s  receipt  for 
the  toll  on  the  property  and  passengers  mentioned  therein, 
or  a certified  copy  of  said  ticket  and  of  the  endorsed  re- 
ceipt, issued  by  a clearance  lock-keeper. 

When  the  master  of  the  boat  shall  have  complied  with  inspector’s  per- 
all  the  regulations  applicable  to  his  case,  the  inspector,  re-  mit* 
taining  the  original  clearance  when  it  is  required  to  be 
taken  in  as  above  provided,  shall  return  to  the  master  the 
residue  of  the  boat’s  papers,  together  with  a permit  to  pass 
the  locks,  issued  by  himself,  and  thereupon  shall  dismiss 
said  boat  from  the  gauge  dock. 

36.  The  inspectors  shall  have  power,  whenever  it  is  ne-  inspectors  may 
cessary,  to  detain  boats  long  enough  to  afford  an  opportunity  ( ‘ am  °a  H’  c‘ 
to  inspect  their  cargoes  by  daylight. 

37.  At  the  close  of  every  month,  each  inspector  shall  inspectors  shall 
transmit  all  the  tolls  and  other  moneys  of  the  company  col-  5tc?t™ton?ga- 
lected  by  him  during  the  month,  together  with  a statement therer* 


14 


JAME9  RIVER  AND 


And  papers  to 
the  secretary. 


Where  located. 


Certificates,  defi- 
nition of. 


Kinds  of. 


Primary  certifi- 
cate, contents  of. 


shewing  from  whom  and  for  what  they  have  been  collected, 
to  the  toll-gatherer  at  Richmond,  taking  his  receipt  there- 
for ; and  at  the  same  time  he  shall  transmit  to  the  secretary 
all  the  clearances,  inspector’s  tickets  and  bills  of  lading 
taken  in  by  him  during  the  month. 

toll-gatherers’  offices. 

38.  There  shall  be  a toll-gatherer’s  office  at  Richmond, 
at  Lynchburg,  and  at  such  other  points  on  the  canal  as  the 
president  and  directors  shall  designate. 

CERTIFICATES  AND  CLEARANCES. 

39.  A certificate  is  a statement  of  the  cargo  or  part  of  the 
cargo  of  a freight  boat  for  a particular  voyage  on  the  canal, 
made  up  by  a toll-gatherer  from  its  papers  received  from  the 
inspector,  (as  provided  in  articles  33  and  35,)  and  from  the 
master’s  way-bill  of  passengers,  recorded  in  a certificate  book 
kept  in  a toll-gatherer’s  office,  and  attested  by  the  signature 
of  the  master  or  head  man  of  the  boat. 

Certificates  are  of  two  kinds,  primary  and  supplemen- 
tary. 

40.  A primary  certificate  is  one  that  is  made  up  at  the 
commencement  of  a new  voyage  of  a freight  boat,  and  con- 
tains : 

1.  A memorandum  of  the  toll-gatherer’s  office  at  which 
it  is  made  ; the  number  of  the  certificate,  (in  a series 
embracing  both  kinds  of  certificates,  commencing 
with  the  first  and  ending  with  the  last  day  of  each 
year;)  the  name  of  the  boat  and  its  hailing  place, 
(corresponding  with  its  registry,  if  a registered  boat,) 
and  the  name  of  the  master  thereof  for  that  voyage, 
or  the  name  of  the  owner  and  head  man,  if  a river 
boat. 

2.  A specification,  in  tabular  form,  of  the  quantity  and 
manifested  weight  of  each  species  of  freight  on 
board,  the  place  where  each  portion  was  shipped 
and  where  it  is  to  be  discharged,  the  distance  which 
it  is  to  be  carried,  the  rate  of  toll  chargeable,  and 
the  amount  of  tolls  due  thereon. 

3.  The  footing  of  the  column  of  the  certificate  con- 
taining the  manifested  weights  of  the  several  arti- 
cles which  compose  the  cargo,  as  made  up  from  the 
bills  of  lading. 

4.  An  entry  of  the  actual  weight  of  the  cargo  as  ascer- 
tained and  certified  by  the  inspector,  and  of  the  ex- 
cess, if  any,  of  the  actual  weight  over  the  footing 
of  the  column  of  manifested  weights  aforesaid. 


KANAWHA  COMPANY. 


15 


5.  An  entry  of  such  excess,  (if  amounting  to  one  per 
cent,  on  the  footing  of  the  column  of  manifested 
weights  aforesaid,)  charged  with  tolls  at  the  highest 
rate  in  the  tarilf  of  tolls,  for  the  whole  length  of 
the  voyage. 

6.  An  entry  of  all  articles  contained  in  any  of  the  bills 
of  lading,  but  found  by  the  inspector  to  be  not  on 
board,  charged,  by  their  manifested  weight,  with  toll 
at  the  highest  rate  in  the  tariff  of  tolls,  for  the  whole 
length  of  the  voyage,  less  the  toll  with  which  they 
may  have  been  already  charged  according  to  the 
bills  of  lading. 

7.  An  entry  of  the  number  of  persons,  if  any,  who 
shall  have  taken  passage  on  the  boat  for  that  voyage, 
of  the  aggregate  number  of  miles  which  they  are  to 
be  carried,  and  the  rate  and  amount  of  toll  charge- 
able thereon. 

8.  The  footing  of  the  column  of  amounts  of  tolls,  shew- 
ing the  aggregate  amount  to  be  paid  to  the  toll-ga- 
therer before  the  boat  can  be  cleared. 

9.  A note  at  the  bottom,  or  in  the  margin,  stating  the 
number  of  bills  of  lading  from  which  the  certificate 
is  made  up. 

10.  The  signature  of  the  master  or  head  man  of  the 
boat. 

41.  A supplementary  certificate  is  one  that  is  made  up  bv  supplementary 

i if  /--ii  • . 1 . J certificate,  con- 

the  toll-gatherer  at  whose  office  a freight  boat  arrives  in  the  tents  of. 
course  or  at  the  close  of  its  voyage,  having  freight  and  pas- 
sengers on  board  not  already  cleared,  and  contains : 

1.  A memorandum  of  the  toll-gatherer’s  office  and  date 
at  which  it  is  made ; the  number  of  the  certificate, 

(in  a series  embracing  both  kinds  of  certificates, 
commencing  with  the  first  and  ending  with  the  last 
day  of  each  year ; ) the  name  of  the  boat  and  its  hail- 
ing place,  (corresponding  with  its  registry,  if  a regis- 
tered boat,)  and  the  name  of  the  master  thereof  for 
that  voyage,  or  the  name  of  the  owner  and  head 
man,  if  a river  boat. 

2.  A specification,  in  tabular  form,  of  the  quantity  and 
manifested  weight  of  each  species  of  property  on 
board  not  already  cleared,  the  place  where  each  por- 
tion was  shipped  and  where  it  was,  or  is  to  be,  deli- 
vered, the  distance  which  it  was,  or  is  to  be,  carried, 
the  rate  of  toll  chargeable,  and  the  amount  of  tolls 
due  thereon. 

3.  The  footing  of  the  column  of  the  certificate  con- 
taining the  manifested  weights  of  the  several  arti- 
cles entered  in  the  certificate,  as  manifested  in  the 
bills  of  lading,  and  a computation  of  the  weight  of 


JAMES  RIVER  AND 


the  cargo  by  adding  to  said  footing  the  actual  weight 
of  the  cargo  cleared  at  the  commencement  of  the 
voyage,  and  deducting  the  weight  of  the  articles  al- 
ready delivered  in  the  course  of  the  voyage. 

4.  An  entry  of  the  actual  weight  of  the  cargo  as  ascer- 
tained and  certified  by  the  inspector,  and  of  the  ex- 
cess, if  any,  of  the  actual  over  the  computed  weight 
found  as  above. 

5.  An  entry  of  such  excess,  (if  amounting  to  one  per 
cent,  on  the  computed  weight  of  the  cargo,)  charged 
with  tolls  at  the  highest  rate  in  the  tariff  of  tolls, 
for  the  whole  length  of  the  voyage. 

6.  An  entry  of  all  articles  contained  in  any  of  the  bills 
of  lading,  but  found  by  the  inspector  to  be  not  on 
on  board,  charged  (provided  they  have  not  already 
been  so  charged,)  by  their  manifested  weight,  with 
toll  at  the  highest  rate  in  the  tariff  of  tolls,  for  the 
whole  length  of  the  voyage,  less  the  toll  with  which 
they  may  have  been  already  charged  according  to 
the  bills  of  lading. 

7.  An  entry  of  the  number  of  persons,  if  any,  who 
shall  have  taken  passage  on  said  boat  since  it  was 
cleared  at  the  commencement  of  the  voyage,  of  the 
aggregate  number  of  miles  which  they  have  been, 
or  are  to  be,  carried,  and  the  rate  and  amount  of  toll 
chargeable  thereon. 

8.  The  footing  of  the  column  of  amounts  of  tolls,  shew- 
ing the  aggregate  amount  to  be  paid  to  the  toll-ga- 
therer before  the  boat  can  be  allowed  to  proceed  on 
her  voyage,  or  unlade  any  portion  of  her  cargo,  or 
to  make  a return  voyage. 

9.  A note  at  the  bottom,  or  in  the  margin,  stating  the 
number  of  bills  of  lading,  inspector’s  tickets,  and 
clearance  lock-tickets,  from  which  the  certificate  is 
made  up. 

10.  The  signature  of  the  master  or  head  man  of  the 
boat. 

42.  A clearance  is  a specification  of  the  cargo  or  part  of 
the  cargo  of  a boat,  and  a receipt  for  the  tolls  thereon.  It 
is  a transcript  from  the  certificate  of  the  same  cargo  or  part 
of  the  cargo,  with  certain  necessary  changes  in  the  caption, 
and  with  the  omission  of  the  master’s  signature.  It  is  to 
be  made  on  a separate  piece  of  paper,  (that  is  to  say,  on  the 
“ blank  clearance”)  endorsed  with  the  inspector’s  certificate 
of  the  actual  weight  of  the  cargo,  or  of  the  part  of  the 
cargo,  for  which  the  clearance  is  made  out,  (as  provided  in 
articles  33  and  35,)  and  must  have  the  toll-gatherer’s  receipt 
subjoined,  for  the  aggregate  amount  of  tolls  due  thereon. 


KANAWHA  COMPANY. 


17 


A clearance  is  either  primary  or  supplementary , corres-  Kinds  of. 
ponding  with  the  certificate  of  which  it  is  a transcript ; but 
a supplementary  clearance  is  never  to  be  issued  after  the 
close  of  a voyage,  and  can  only  be  issued  by  a toll-gatherer 
whose  office  is  situated  at  some  point  on  the  canal  other 
than  at  one  extremity  thereof. 

43.  No  clearance  shall  be  issued  by  a toll-gatherer  until  Not.tobe^ssued 
the  aggregate  amount  of  tolls  therein  stated,  shall  have  been 

paid  to  him. 

44.  No  clearance  shall  be  granted  to  any  canal  boat,  un-  ^0°arttjg1reeSgighe 
less  the  toll-gatherer  of  whom  it  is  required  shall  have  evi-  tered ; 
dence  that  such  boat  is  duly  registered  ; nor  shall  any  such  And  has  its  name 
boat  receive  a clearance,  or  be  permitted  to  pass  on  the  canal,  side ; 
unless  it  shall  have  its  name  and  hailing  place  painted  on  it 

as  required  by  article  12. 

45.  No  boat  shall  be  cleared  until  its  cargo  and  bills  of  Nor  unless  cargo, 
lading  shall  have  been  examined,  and  the  weight  of  itsspected. 
cargo  ascertained  by  the  inspector  as  provided  in  these  regu- 
lations. 

46.  Each  boat  or  float  navigating  the  canal  shall  have  a separate  clear- 
separate  clearance,  and  every  toll-gatherer  is  required  to  give  n 

a separate  clearance  for  every  boat  or  float  clearing  at  his 
office. 

COLLECTION  OF  TOLLS  AND  CLEARANCE  OF  BOATS. 

47.  At  the  commencement  of  a boaVs  voyage.  The  toll-  Ton  gatherer’s 

^ t duties 

gatherer,  having  received  a boat’s  papers  from  the  inspector, 
with  his  certificates  and  notes  thereon,  as  provided  in  arti- 
cle 33,  and  having  also  received  from  the  master  his  inspec- 
tor’s tickets,  clearance  lock  tickets  and  bills  of  lading  for 
the  previous  voyage,  if  any,  and  a way-bill  of  the  number 
of  persons  who  have  taken  passage  on  his  boat  for  the  in- 
tended voyage,  with  the  aggregate  number  of  miles  which 
they  are  to  be  carried,  and  being  satisfied  that  all  the  pre- 
requisites to  the  clearance  of  said  boat  have  been  complied 
with,  shall  proceed  to  make  up  a primary  certificate  of  the  Primary  certifi- 

7 t ^ # * * # cate  when  to  he 

cargo  in  his  certificate  book  in  manner  and  form  prescribed  made  up. 
in  article  40,  which  certificate  shall  be  signed  by  the  master 
of  the  boat  for  the  intended  voyage.  This  being  done,  and  Primaiy^ciear-  ^ 
the  toll-gatherer  having  received  the  amount  of  tolls  due  issued, 
by  said  certificate,  he  shall  issue  a primary  clearance  of  the 
boat  as  described  in  article  42,  and  thereupon,  having  marked 
upon  each  of  the  papers  from  which  the  certificate  is  made 
up,  the  number  of  such  certificate,  and  the  place  where  it 
is  so  made  up,  he  shall  return  the  same  to  the  master  of  the  Boat’s  papers, 
boat,  with  the  inspector’s  tickets  and  clearance  lock  tickets,  when  relurued' 
if  any,  for  the  previous  voyage,  endorsed  with  his  receipt 
for  the  toll  due  on  the  property  and  passengers  embraced 
3 


18 


JAMES  RIVER  AND 


Penalty  for  fai- 
lure. 


Toll-gatherer’s 

duties. 


Supplementary 
certificate,  when 


therein,  and  the  number  of  the  certificate  in  which  said  toll 
was  included. 

Arrival  of  loaded  48.  In  the  course  or  at  the  close  of  a boat’s  voyage. 
edatotoibiegather-’  Within  twenty-four  hours  after  a freight  boat  with  freight 
en  on  board  shall  have  passed  the  clearance  lock  next  previous, 

in  the  course  of  the  voyage,  to  its  arrival  at  a toll-gatherer’s 
office,  and  previous  to  the  unlading  of  any  portion  of  the 
cargo,  the  master  of  the  boat  shall  report  its  arrival  at  said 
office ; and  for  failure  to  do  so,  he  shall  forfeit  and  pay  to 
the  company  a penalty  of  fifty  dollars,  with  the  collection 
of  which  the  toll-gatherer  is  charged. 

The  toll-gatherer  having  received  the  boat’s  papers  from 
the  inspector,  as  provided  in  article  35,  and  having  also  re- 
ceived from  the  master  of  the  boat  a way-bill  of  the  num- 
ber of  persons  who  shall  have  been  taken  on  board  of  said 
boat  as  passengers  in  the  course  of  the  voyage,  and  not  sta- 
ted in  the  boat’s  clearance,  if  any,  with  the  aggregate  num- 
ber of  miles  which  they  have  been,  or  are  to  be  carried, 
shall  proceed  to  make  up  from  said  papers  a supplementary 
to  be  made  up.  certificate  in  manner  and  form  prescribed  in  article  41,  in- 
cluding the  freight  and  passengers  stated  in  the  inspector’s 
tickets  and  clearance  lock  tickets,  if  any ; which  certificate 
Number  of  certi- shall  be  attested  by  the  signature  of  the  master.  He  shall 
edaon  boate’™pa^"  also  mark  on  all  the  papers  from  which  the  certificate  is  made 
pers*  up,  the  number  of  said  certificate  and  the  place  where  it  is 

so  made  up. 

This  being  done,  and  the  toll-gatherer  having  received 
the  aggregate  amount  of  tolls  shewn  by  said  certificate  to 
be  due,  he  shall  retain  the  primary  clearance,  and  return  to 
the  master  the  residue  of  the  boat’s  papers,  having  first  en- 
dorsed on  the  inspector’s  ticket  and  clearance  lock  ticket,  if 
any,  a certificate  that  the  toll  on  the  freight  and  passengers 
mentioned  therein,  respectively,  has  been  paid,  with  a note 
of  the  amount  of  such  toll  and  the  number  of  the  certifi- 
cate in  which  it  is  included : Provided , however , That  if 
the  boat  is  to  proceed  on  beyond  said  toll-gatherer’s  office, 
the  toll-gatherer  shall  also  issue  to  the  master  a supplemen- 
tary clearance  as  described  in  article  42,  together  with  a 
certified  copy  of  the  primary  clearance  retained  as  aforesaid. 

49.  In  charging  toll  for  the  distance  which  articles  are 
transported  on  the  canal,  all  fractions  of  a mile  under  one 
half,  shall  be  rejected,  and  all  fractions  over  a half  mile  shall 
be  rejected  and  only  the  half  mile  charged. 

50.  Whenever  different  articles  are  packed  in  a hogshead, 
box,  crate,  bag  or  other  vessel,  without  being  particularly 
designated  by  name  in  the  bill  of  lading,  they  shall  be 
charged  with  toll  at  the  highest  rate  in  the  tariff  of  tolls. 

51.  Every  toll-gatherer  shall,  whenever  requested,  give  a 
' certified  copy  of  any  clearance  issued  by  him,  or  on  file  in 


Primary  clear- 
ance, when  to  be 
taken  in. 


Supplementary 
clearance,  when 
to  be  issued. 


Fractions  under  a 
half  mile. 


Toll  on  articles 
packed  in  ves- 
sels, &c. 


Copy  of  clear- 
ance to  be  given 


KANAWHA  COMPANY. 


19 


his  office,  with  the  endorsements  thereon,  or  of  any  certifi- 
cate in  his  certificate  book  ; for  which  he  shall  be  entitled  Fees  therefor, 
to  demand  and  receive  from  the  person  applying  for  the 
same  such  sum  as  the  president  and  directors  may  hereafter 
determine ; and  such  certified  copy  shall  have  the  same  va- 
lidity and  effect  as  the  original  clearance  or  certificate  of 
which  it  is  a copy. 

52.  No  property  cleared  to  any  point  on  the  canal  shall  Property  not  to  be 

_ •'  r carried  further 

be  transported  beyond  that  point;  and  the  master  ot  any  than  it  is  ciear- 
boat  violating  this  prohibition,  shall,  for  every  such  viola- penalty, 
tion,  forfeit  and  pay  to  the  company  a penalty  equal  to  three 
times  the  amount  of  the  toll  on  said  property  for  the  dis- 
tance which  it  is  so  transported  beyond  the  point  to  which 
it  was  cleared,  and  the  toll-gatherer  who  shall  first  be  cog- 
nizant of  said  violation,  is  charged  with  the  collection  of 
such  penalty. 

53.  When  the  destination  of  any  property  transported  on  Property  of 
the  canal  shall  depend  upon  a contingency  at  the  time  of  tion.  u 
its  shipment,  the  bill  of  lading  shall  be  made  out  for  the 

farthest  point  to  which  it  may  possibly  be  carried.  And  if  Toils  thereon  to 
previous  to  its  discharge  the  boat  or  float  transporting  it  Siest^oint?1’ 
shall  arrive  at  a place  where,  by  these  regulations  the  tolls 
on  such  property  are  required  to  be  paid,  they  shall  be  paid 
to  such  farthest  possible  point  of  destination  ; and  if  a clear- 
ance be  taken  thereon,  it  shall  be  to  such  point ; but  if  such  But  may  be  re- 
property be  discharged  short  of  said  point,  the  toll-gatherer  funded’  &c* 
who  shall  have  received  said  toll  is  authorized  to  refund  the 
same  for  the  distance  such  property  was  paid  for  but  not 
transported : Provided , That  a satisfactory  affidavit  or  affi- 
davits of  the  facts  shall  be  delivered  to  him,  to  be  placed 
on  file  with  the  voucher  for  the  toll  refunded. 

54.  Whenever,  in  consequence  of  injury  received,  or  of  Tolls,  when  to 
the  navigation  being  obstructed  by  ice  or  other  cause,  aberefunded- 
boat  or  float  shall  be  unable  to  proceed  to  the  point  to  which 

it  shall  have  been  cleared,  the  toll-gatherer  next  in  order  to- 
wards such  point,  is  authorized  to  refund  the  toll  for  the  dis- 
tance cleared  and  not  navigated : Provided , That  the  ori- 
ginal clearance  of  said  boat  or  float  shall  be  surrendered, 
and  a satisfactory  affidavit  or  affidavits  of  the  facts  be  deli- 
vered to  him  to  be  placed  on  file  with  the  voucher  for  the 
toll  refunded. 

55.  Each  toll-gatherer,  on  receiving,  officially,  any  tolls  Toils,  fees,  re- 
collected by  other  officers,  or  any  penalties,  fees  or  other  JnteS  insert?-6 
moneys  of  the  company  other  than  tolls,  shall  make  an  en-  ficate  book8, 
try  of  the  same  in  his  certificate  book,  stating  the  amount 
received,  and  at  what  date,  from  whom,  and  on  what  ac- 
count it  was  received. 

56.  The  tolls,  penalties,  forfeitures  and  fees  received  by  naiiy  deposites 
each  toll-gatherer  each  day,  shall  be  daily  deposited  by  him  quired'9’ &c' re* 


20 


JAMES  RIVER  AND 


to  the  credit  of  the  company,  with  the  Bank  or  Branch 
Bank  of  Virginia  at  the  place  where  his  office  is  situated,  if 
there  be  such  bank  or  branch  bank  at  that  place ; if  not, 
they  shall  be  deposited  with  such  other  bank,  individual,  or 
commercial  house  at  said  place,  as  the  president  and  direc- 
tors may  designate. 

byeteon-ygathe!rers.  ^7.  On  the  8th,  15th,  23d  and  last  days  of  each  month, 
(or  on  the  Saturday  previous  when  either  of  said  days  is 
Sunday,)  each  toll-gatherer  shall  transmit  to  the  secretary  of 
the  company  (by  mail  if  at  a distance)  a return  of  his  daily 
collections  and  deposites  of  tolls,  penalties,  &c.  since  his 
next  previous  return. 

foebe^emrned°to  -^ach  toll-gatherer  out  of  Richmond,  whenever  he 

company’s  office,  shall  have  filled  a certificate  hook  with  certificates,  shall, 
without  unnecessary  delay  thereafter,  transmit  the  same  to 
the  secretary  of  the  company. 

^toS^aSerers  ^ ^ c^ose  °f  every  month,  each  toll-gatherer  shall 

by  toii-gat  erers-  transmit  to  the  secretary  of  the  company,  without  delay, 

First , A classified  statement  of  the  aggregate  amount 
of  tolls  received  by  him  during  the  month,  and  of  the  ton- 
nage on  which  it  was  received,  under  each  rate  of  toll  in 
the  tariff;  and  to  enable  him  to  do  so  promptly,  he  shall 
keep  a daily  register  in  a tabular  form,  of  such  tolls  and 
tonnage : 

Second , A monthly  abstract,  in  a tabular  form,  setting 
forth  the  number  of  each  certificate  (marked  P.  or  S.  ac- 
cording as  such  certificate  is  primary  or  supplementary) 
made  up  in  his  office  each  day  during  the  month,  the  name 
and  hailing  place  of  the  canal  boat,  or  the  names  of  the 
owner  and  head  man  of  the  river  boat  for  which  said  cer- 
tificate is  made  up ; the  names  of  the  places  from  and  to 
which  it  was  bound ; and  the  tonnage  of  the  cargo  and  toll 
thereon,  arranged  in  columns  under  the  heads  of  “ down- 
loads” and  “ up-loads:” 

Third , A monthly  account  of  his  daily  collections  of 
tolls,  penalties  and  fees,  and  daily  deposites  or  disburse- 
ments, if  any,  of  the  same,  during  the  month : 

Fourth , All  the  clearances,  bills  of  lading,  way-bills  of 
passengers,  and  monthly  statements  of  passengers  taken  in 
by  him  during  the  month,  and  copies  of  all  the  supplemen- 
tary certificates  made  up  by  him  during  the  month,  where 
corresponding  clearances  have  not  been  issued  by  him. 

CLEARANCE  LOCKS. 

Definition.  60.  The  second  lock  in  either  direction  from  a toll-ga- 

therer’s office,  except  in  case  of  a special  order  of  the  pre- 
sident and  directors,  shall  be  called  a clearance  lock , and  the 
keeper  thereof  a clearance  lock-keeper . 


KANAWHA  COMPANY, 


21 


61.  No  freight  boat  bound  from  the  nearest  toll-gatherer’s  when  not  to  be 
office,  shall  pass  a clearance  lock  until  the  master  shall  have  freSaranre.th0Ut 
exhibited  to  the  keeper  thereof  a clearance,  embracing  all 

the  property  and  passengers  on  board. 

62.  On  the  arrival,  at  a clearance  lock,  of  a freight  boat  Boat’s  papers  to 
bound  towards  the  nearest  toll-gatherer’s  office,  the  master  keeper!  1 e 
shall  exhibit  all  the  boat’s  papers  to  the  keeper  of  said  lock  ; 

and  if  there  be  any  property  or  passengers  on  board  not 
already  cleared  or  included  in  an  inspector’s  ticket,  the 
clearance  lock-keeper  shall  enter  the  same  in  his  register, 
and  issue  to  the  master  a clearance  lock  ticket  in  a form  to  be  clearance  lock 
furnished  by  the  secretary  of  the  company  ; and  if  there  be  tIC  et* 
among  the  papers  an  inspector’s  ticket,  he  shall  note  the  fact 
on  his  register,  and  thereupon  permit  the  boat  to  pass  his 
lock  ; and  on  the  return  voyage  of  the  boat,  the  clearance  Requisites  on  re- 
lock-keeper, before  permitting  it  to  pass  his  lock,  shall  re-  boat.voyage  °f  a 
quire  the  said  clearance  lock  ticket  to  be  returned  to  him 
endorsed  with  a toll-gatherer’s  certificate,  that  the  toll  on  all 
the  property  and  passengers  mentioned  therein  has  been 
paid,  and  stating  the  number  of  the  certificate  in  which  said 
property,  passengers  and  toll  are  included  ; and,  in  case  there 
was  also  an  inspector’s  ticket  for  any  portion  of  the  cargo, 
then  on  said  return  voyage  the  clearance  lock-keeper  shall 
require  the  same  to  be  delivered  to  him  endorsed  with  a toll- 
gatherer’s  certificate,  such  as  is  above  required  on  a clearance 
lock  ticket ; and  retaining  such  inspector’s  ticket,  he  shall 
issue  to  the  master  a certified  copy  of  the  same,  and  of  the 
toll-gatherer’s  certificate  aforesaid,  endorsed  thereon. 

63.  At  the  close  of  every  month,  each  clearance  lock-  Tickets  to  be  re- 
keeper shall  transmit  to  the  secretary  of  the  company  all tary  monthly?" 
the  clearance  lock  tickets  and  inspector’s  tickets  which  shall 

have  been  taken  in  by  him  during  the  month. 

TOLL  ON  PASSENGERS. 

64.  All  persons  carried  one  mile  or  more  on  a boat  navi-  Passengers, 
gating  the  canal,  except  the  master  and  crew  of  the  boat 

for  the  time,  shall  be  deemed  passengers  on  said  boat.  All  passengers  sub- 
such  passengers,  except  officers,  agents  and  labourers  of  the JLCt  t0  loH' 
company  necessarily  travelling  in  its  service,  and  children 
under  five  years  of  age,  shall  be  subject  to  the  toll  pre- 
scribed by  the  tariff  of  tolls,  payable  by  the  master  of  the 
boat,  ttj3  By  the  term  passengers , when  used  in  these 
regulations  elsewhere  than  in  this  section,  are  meant  pas- 
sengers so  subject  to  toll. 

65.  All  boats  in  respect  to  their  passengers,  and  the  pay-  classification  of 
ment  of  tolls  thereon,  shall  be  divided  into  the  following  lpasst2ngcl-s.,n8 
classes : 

1.  Manifesting  boats , being  all  such  as  do  not  belong 
to  the  2d  and  3d  classes. 


22 


JAMES  RIVER  AND 


Way  bills  of 
passengers. 


To  whom  exhi- 
bited and  deli- 
vered. 


Toll  on  passen- 
gers how,  when 
and  to  whom 
paid. 


Penalties. 


What  boats  may 
belong  to  the 
class. 

Certificate  of 
election. 


2.  Monthly-stating  boats , being  those  whose  masters 
are  entitled  to  settle  the  tolls  on  the  passengers  car- 
ried thereon,  by  monthly  statements  of  such  passen- 
gers at  the  close  of  each  month. 

3.  Commuting  boats , being  those  freight  boats  whose 
masters  or  owners  may  hereafter  commute  for  the 
tolls  on  the  passengers  carried  thereon,  by  the  pay- 
ment of  a specified  toll  on  the  boats  themselves. 

Manifesting  Boats. 

66.  The  master  of  every  manifesting  boat,  on  receiving 
passengers  on  board,  shall  enter  in  a manifest  or  way-bill, 
their  names,  (discriminating  such  as  are  chargeable  with  dif- 
ferent rates  of  toll,)  the  places  of  their  embarkation  and  de- 
barkation, and  the  distances  which  they  are  to  be  respec- 
tively carried.  He  shall  exhibit  this  way-bill  to  the  toll- 
gatherer  clearing  his  boat,  and  to  the  several  inspectors, 
clearance  lock-keepers  and  other  toll-gatherers  on  the  line, 
and,  after  the  close  of  the  voyage,  deliver  it  to  the  toll-ga- 
therer to  whom  he  next  applies  for  a clearance.  He  shall 
pay  the  prescribed  toll  on  the  passengers  carried  on  his  boat 
to  the  same  officers,  at  the  same  times,  and  in  the  same 
manner  as  by  these  regulations  he  is  required  to  pay  toll  on 
property  under  like  circumstances  shipped  and  conveyed  on 
his  boat.  And  for  failure  to  exhibit  or  deliver  a way-bill  of 
his  passengers  to  a toll-gatherer  when  required,  or  for  the 
exhibition  or  delivery  to  a toll-gatherer,  of  a false  way-bill 
of  his  passengers,  he  shall  be  subject  to  the  same  penalty, 
to  be  collected  by  the  same  officer,  as  is  prescribed  in  these 
regulations  in  the  cases  of  an  omission  to  exhibit  or  deliver 
a bill  of  lading  of  property  to  a toll-gatherer  when  required, 
and  of  the  exhibition  or  delivery  to  a toll-gatherer  of  a false 
bill  of  lading  of  property. 

Monthly-stating  Boats. 

67.  A boat  which  is  intended  to  navigate  the  canal  day 
and  night,  or  which  belongs  to  any  regular  line  of  packet 
or  freight  boats,  may  be  a monthly-stating  boat.  To  con- 
stitute it  such,  its  master  or  owner,  if  it  does  not  belong  to 
a line,  or  the  owner  or  agent  of  the  line  to  which  it  be- 
longs, shall  deliver  to  some  toll-gatherer  on  the  canal,  a cer- 
tificate of  election  signed  by  such  master,  owner  or  agent  ; 
which  certificate  shall  state  that  the  said  boat  is  to  navigate 
the  canal  day  and  night,  or  belongs  to  a certain  regular  line 
of  packet  or  freight  boats  (designated  by  name),  as  the  case 
may  be,  that  the  party  executing  such  certificate,  elects  to 
settle  for  tolls  on  passengers  by  monthly  statements,  and 


KANAWHA  COMPANY. 


23 


that  the  master  of  said  boat  will  make  to  a designated  toll- 
gatherer  ( whose  office  shall  be  on  the  part  of  the  canal  where 
the  boat  is  intended  principally  to  run)  monthly  statements 
of  the  passengers  carried  on  said  boat,  and  pay  tolls  thereon 
to  said  toll-gatherer. 

68.  The  toll-gatherer  to  whom  such  certificate  shall  be  Receipt  of  certi- 
delivered,  shall  give  to  the  master,  owner  or  agent  deliver-  knowiedged. 
ing  it,  a written  acknowledgment  of  the  receipt  thereof, 

signed  by  himself,  and  stating  the  toll-gatherer’s  office  to 
which  such  certificate  shews  that  the  monthly-  statements 
of  passengers  on  said  boat  are  to  be  made ; and  he  shall  certificate  to  be 
forthwith  transmit  to  the  secretary  of  the  company  the  cer- sent  t0  secretary* 
tificate  so  delivered  to  him. 

69.  The  master  ef  every  monthly-stating  boat  shall,  im-  Monthly  state- 
mediately  after  the  close  of  each  month,  deliver  to  the  toll-  ™er”ts  of  passen 
gatherer  designated  in  the  certificate  of  election  for  such 

boat,  (and  to  none  other,  unless  by  special  permission  from 
the  president  and  directors,)  a statement  of  all  the  passen- 
gers carried  on  said  boat  during  said  month,  with  the  dis- 
tance they  were  respectively  carried,  (and,  if  hereafter  re- 
quired by  the  president  and  directors,  the  places  of  their 
respective  embarkation  and  debarkation,)  and  shall  verify 
such  statement  under  oath,  to  be  administered  by  some  pro- 
perly qualified  officer,  and  at  the  same  time  shall  pay  to  the  Toils  due  there- 
said  toll-gatherer  the  prescribed  tolls  due  on  said  passen-  on  t0  b° paid* 
gers ; or,  in  case  no  passenger  shall  have  been  carried  on  Affidavit  if  no 
said  boat  during  said  month,  the  master  thereof  shall  pre-  H.engers  car- 
sent  to  the  said  toll-gatherer  an  affidavit  of  the  fact,  sworn 
to  before  some  properly  qualified  officer. 

70.  If  different  persons  have  been  masters  of  the  same  statements  or  af- 
monthly-stating  boat  for  different  portions  of  the  same  ent  masters, 
month,  each  of  them  shall  furnish  a statement  of  passen- 
gers carried,  or  an  affidavit  if  no  passengers  carried,  (as  the 

case  may  be,)  and  pay  the  tolls,  if  any,  on  the  passengers 
carried  on  said  boat  during  such  portion  of  said  month  as 
he  was  master  of  said  boat. 

71.  The  master  of  every  monthly-stating  boat  who  shall  Penalty  for  not 
not,  within  ten  days  after  the  close  of  a month,  deliver  to  moiTiy  ftate- 
the  proper  toll-gatherer  the  verified  statement  or  affidavit  ment  or  affidavit* 
required  by  articles  69  and  70,  or  pay  to  him  the  tolls  due 

on  the  passengers  carried  on  his  boat  during  said  month, 
shall  forfeit  and  pay  to  the  company  a penalty  of  one  hun- 
dred dollars,  to  be  collected  by  said  toll-gatherer ; and  it 
shall  moreover  be  in  the  option  of  the  president  and  direc- 
tors, by  resolution,  not  only  to  prohibit  said  boat  from  re- 
ceiving a clearance  and  navigating  the  canal  until  such 
statement  or  affidavit  be  presented  and  such  tolls  paid,  but 
to  deprive  said  boat,  and  the  line  of  boats  to  which  it  may 
belong,  of  the  privilege  of  settling  tolls  on  passengers  by 


24 


JAMES  RIVER  AND 


What  boats  may, 
and  may  not 
commute. 


The  commuta- 
tion. 


Commutation 
bond  to  be  given. 


Form  of,  for  sin- 
gle boat. 


monthly  statements,  and  thereby  to  place  said  boat  and  line 
of  boats  in  the  class  of  manifesting  boats. 

[SE53  Whenever  the  state  of  travel  on  the  line  shall , in 
the  estimation  of  the  president  and  directors , make  it  expe- 
dient to  introduce  a system  of  commutation  of  the  tolls  pay- 
able upon  passengers  in  freight  boats  for  equivalent  tolls 
to  be  levied  in  lieu  thereof  upon  the  boats  themselves , the 
following  shall  be  the  regulations  in  relation  to  such  com- 
mutation :] 


Commuting  Boats. 

72.  The  privilege  of  commuting  for  tolls  on  passengers 
shall  not  extend  to  packet  boats,  or  boats  chiefly  used  for 
the  transportation  of  passengers,  and  shall  include  only 
such  boats  as  are  used  chiefly  for  the  transportation  of  pro- 
perty, but  have  accommodations  for  the  carriage  of  passen- 
gers, as  incidental  to  their  business  of  carrying  freight.  No 
boat  belonging  to  any  line  of  boats  shall  be  allowed  to  com- 
mute, unless  all  the  other  boats  in  said  line  shall  already  be 
commuting  boats,  or  shall  be  constituted  such  along  with 
said  boat.  No  boat  which  shall  be  owned  in  whole  or  in  part, 
or  navigated  by  persons  interested  as  owners  or  agents,  or 
in  the  employ  of  owners  or  agents,  of  any  other  single  boat 
or  line  of  boats,  or  which  shall  be  towed  or  propelled  by 
horses,  mules,  tug-boats  or  other  motive  agents  which  tow 
or  propel  any  other  single  boat  or  line  of  boats,  shall  be  al- 
lowed to  commute,  unless  such  other  single  boat  or  line  of 
boats  shall  have  already  commuted,  or  shall  at  the  same 
time  be  allowed  to  commute. 

73.  The  commutation  shall  be  a certain  toll  per  mile 
upon  a commuting  boat,  whether  empty  or  loaded,  to  be 
fixed  by  the  president  and  directors ; which  toll  shall  be 
paid  by  the  master  to  a toll-gatherer,  at  the  commencement 
of  each  voyage,  for  the  whole  length  of  said  voyage. 

7 4.  In  order  to  entitle  a single  boat  or  line  of  boats  to 
the  privilege  of  commuting,  the  master  or  owner  of  said 
single  boat,  or  the  owner  or  agent  of  said  line  of  boats, 
shall  execute  and  deliver  to  a toll-gatherer,  a commutation 
bond , substantially  in  such  one  of  the  following  forms  as 
shall  be  applicable  to  the  case. 

[Form  of  Commutation  Bond  for  a Single  Boat.] 

“I,  A.  B.  (master  or  owner,  as  the  case  may  be,)  of  the 
canal  boat  of  , navigating  the  James  river 

and  Kanawha  canal,  in  consideration  of  being  exempted 
from  the  liability  to  render  waybills  or  monthly  statements 


KANAWHA  COMPANY. 


25 


of  passengers  carried  by  said  boat,  and  to  pay  the  established 
tolls  on  said  passengers,  do  hereby  agree  to  pay  toll  upon 
said  boat  at  the  rate  of  cents  per  mile  for  every  mile 

it  shall  run  on  said  canal,  so  long  as  this  agreement  shall  be 
in  force,  in  conformity  with  the  regulations  for  said  canal ; 
and  I do  hereby  declare  that  said  boat  does  not  belong  to, 
and  is  not  intended,  so  long  as  this  agreement  shall  be  in 
force,  to  run  in  any  line  of  boats  on  said  canal.  Witness  my 
hand  and  seal,  this  day  of  in  the  year  .” 

[Form  of  Commutation  Bond  for  a Line  of  Boats.] 

“I,  A.  B.  (agent,  or  [a]  proprietor,  as  the  case  may  be,)  Form  of,  fora 
of  the  line  of  freight  boats  navigating  the  James  lme  of  boat3, 

river  and  Kanawha  canal,  do  hereby  declare  the  following  to 
be  a true  list  of  all  the  boats  belonging  to  said  line,  to  wit 

[Here  insert  the  full  registered  name  and  hailing  place  of 
each  of  the  boats  belonging  to  the  line.] 

“ And  I do  further  declare  that  as  (agent,  or  [a]  proprietor, 
as  the  case  may  be,)  of  said  line,  I am  not,  nor  to  my  know- 
ledge are  the  [other]  proprietors  of  the  said  line,  or  either  of 
them,  either  directly  or  indirectly  interested  in  any  line  of 
boats,  or  any  single  boat,  either  running,  or  to  run,  upon 
said  canal,  which  has  not  commuted  for  tolls  on  passengers 
carried  on  said  boats : And  I hereby  promise  and  agree  for 
myself  and  the  [other]  proprietors,  that  neither  of  us  will 
become  so  interested  as  aforesaid  during  the  continuance  of 
this  agreement,  without  giving  notice  thereof  to  the  presi- 
dent and  directors.  And  I do  hereby  for  the  proprietors  of 
said  line  of  boats,  in  consideration  that  the  masters 

of  the  several  boats  belonging  to  the  said  line,  shall  be  ex- 
empted from  the  liability  to  render  way-bills  or  monthly 
statements  of  the  passengers  carried  on  said  boats  respec- 
tively, and  to  pay  the  established  tolls  on  said  passengers, 
hereby  promise  and  agree  that  the  master  of  each  of  said 
boats  shall,  during  the  continuance  of  this  agreement,  pay 
toll  on  said  boat  at  the  rate  of  cents  per  mile  for  every 

mile  it  shall  run  on  said  canal,  in  conformity  with  the  regu- 
lations for  said  canal.  And  I do  further  declare  that  I am 
fully  authorized  to  make  the  foregoing  agreement  for  and 
in  behalf  of  the  said  line  of  boats.  Witness  my 

hand  and  seal,  this  day  of  in  the  year  .” 

75.  The  toll-gatherer  receiving  a commutation  bond  in  commutation 
conformity  with  the  last  preceding  article,  shall  issue  to  the  1.13?  l°  b° 
person  from  whom  he  receives  the  same,  a commutation 
license  for  each  boat  named  in  such  bond,  in  substance  as 
follows,  to  wit : 

“ I , toll-gatherer  at  , do  hereby  acknow-  Form  of. 

ledge  to  have  received  from  A.  B.,  (master,  agent  or  owner, 

4 


26 


JAMES  RIVER  AND 


Boats  not  to  com- 
mute without 
license. 


May  be  exempted 
from  commuta- 
tion. 


Commutation 
bond  may  be 
cancelled. 


Commutation 
license  may  be 
revoked. 


Duties  of  officers 
with  respect  to 
commuting  boats. 


Method  of  pro- 
pelling boats 
allowed. 


as  the  case  may  be,)  a commutation  bond,  such  as  is  required 
by  the  regulations  for  the  James  river  and  Kanawha  canal, 
in  relation  to  the  commutation  for  tolls  upon  passengers ; 
and  that  by  virtue  of  the  said  regulations  and  of  the  said 
commutation  bond,  the  boat  of  is  to  be 

charged  with  toll  at  the  rate  of  cents  per  mile  for 

every  mile  it  shall  run  on  said  canal,  and  is  to  be  exempted 
from  the  payment  of  tolls  upon  passengers  carried  thereon, 
and  from  rendering  way-bills  or  monthly  statements  of  such 
passengers. 

76.  No  boat  shall  be  taken  into,  or  allowed  to  run  in, 
any  line  of  commuting  boats,  until  a commutation  bond  be 
delivered,  and  a commutation  license  issued,  for  said  boat, 
as  prescribed  in  the  two  last  preceding  articles. 

77.  On  satisfactory  proof  exhibited  to  the  president  and 
directors,  that  any  commuting  boat  has  been  sold,  and  is  no 
longer  connected  with  a line  of  commuting  boats,  they  may 
allow  such  boat  to  be  exempted  from  commutation. 

78.  On  application  by  the  master  or  owner  of  any  single 
commuting  boat,  or  the  agent  or  a proprietor  of  any  line  of 
commuting  boats,  accompanied  by  satisfactory  proof  that 
the  commutation  for  such  single  boat,  or  line  of  boats,  has 
been  fully  paid  up  to  the  time  of  such  application,  the  pre- 
sident and  directors  may  order  the  commutation  bond  of 
said  master,  agent  or  proprietor,  to  be  cancelled  j whereupon 
the  boat  or  boats  named  in  said  bond  shall  no  longer  be  sub- 
ject to  the  duties,  or  entitled  to  the  privileges,  of  commuting 
boats. 

79.  If  the  president  and  directors  shall  at  any  time  be 
satisfied  that  the  proprietors  of  any  commuting  boat  or  line 
of  commuting  boats,  or  any  of  them,  are  interested  in  any 
single  boats  or  line  of  boats  which  have  not  commuted  for 
tolls  on  passengers,  they  may  in  their  discretion  revoke  the 
commutation  licenses  which  shall  have  been  granted  to  said 
boats  respectively ; whereupon  said  boats  shall  no  longer  be 
subject  to  the  duties,  or  entitled  to  the  privileges,  of  com- 
muting boats. 

80.  The  secretary  of  the  company  shall  keep  the  several 
toll-gatherers,  inspectors  and  clearance  lock-keepers  informed 
of  the  boats  on  the  canal,  which  belong  to  the  class  of  com- 
muting boats ; and  those  officers,  in  respect  to  the  payment 
of  the  commutation  on  said  boats,  whether  empty  or  laden  ; 
shall  themselves  observe,  and  require  the  masters  of  said 
boats  to  observe,  the  several  regulations  herein  prescribed 
with  respect  to  the  payment  of  tolls  on  the  cargoes  of  said 
boats. 

POLICE  OF  THE  CANAL. 

81.  Boats  and  floats  may  be  propelled  on  the  canal  by 
towing-lines  drawn  by  men,  horses  or  other  agents  moving 


KANAWHA  COMPANY. 


27 


or  acting  on  the  towing-path  ; the  canal  having  been  origi- 
nally designed  with  a view  chiefly  to  the  accommodation  of 
boats  and  floats  so  propelled.  Moreover,  the  president  and  Method  aiiow- 
directors  are  authorized  to  permit  (under  such  restrictions  strictions. 
as  will  prevent  injury  to  the  canal  and  interruption  or  incon- 
venience to  other  boats,)  the  use  of  boats  or  floats  moved 
on  the  canal  by  paddles  or  other  agents  acting  on  the  water 
in  the  canal,  or  by  means  of  sails,  or  towed  by  tug-boats 
which  shall  themselves  be  towed  by  means  of  agents  acting 
on  the  towing-path,  or  which  shall  be  moved  by  paddles  or 
other  agents  acting  on  the  water  in  the  canal  or  by  means 
of  sails. 

82.  No  boat  or  float  navigating  the  canal  shall  be  pro-  Method  of  pro- 

- pelling  boats  not 

pelled  by  means  of  setting-poles  or  other  implements,  ma-  allowed, 
chinery  or  agents  acting  on  the  bottom  of  the  canal  or  on 
the  inner  slope  of  its  banks  ; nor  shall  any  boat  or  float  use  setting-poles 
or  have  on  board  any  iron-shod  or  sharp-pointed  setting-pole,  prohlblted* 
nor  be  allowed  to  pass  a lock  until  all  such  poles  shall  have 
been  given  up  or  destroyed.  Every  master  or  owner  of  a Penalty, 
boat  or  float  violating  this  regulation,  shall  be  subject  to  a 
penalty  of  ten  dollars  for  each  offence,  to  be  collected  by 
the  superintendent  of  repairs  on  whose  section  the  offence 
is  committed  ; and  the  navigation  of  every  mile  of  the  canal 
by  means  of  such  setting-pole  or  other  implement,  machi- 
nery or  agent  acting  on  the  bottom  or  inside  slopes  of  the 
canal,  or  with  such  setting-pole  on  board,  shall  constitute  a 
distinct  offence. 

83.  No  scow  or  other  boat  having  a bow  less  sharp  than  sharp  headed 
a semi-circle,  shall  navigate  the  canal  unless  it  shall  have  ausedS.n°  ° e 
semi-circular  platform,  the  greatest  width  of  which  shall  be 

equal  to  the  width  of  the  boat,  firmly  fastened  on  the  bow 
thereof  to  defend  and  protect  other  boats  or  floats  and  the 
banks  and  locks  of  the  canal,  from  injury  by  contact  with 
either  of  the  corners  of  said  scow  or  boat ; and  every  viola- 
tion of  this  regulation  shall  subject  the  owner  or  master  of 
the  boat  so  offending,  to  the  penalty  of  ten  dollars,  to  be 
collected  by  the  superintendent  of  repairs  on  whose  section 
the  offence  is  committed  : Provided  however , That  this  re-  Proviso, 
gulation  shall  not  be  so  construed  as  to  prohibit  flats  or  ferry 
boats,  not  exceeding  60  feet  in  length,  to  be  used  by  pro- 
prietors of  estates  along  Ihe  line,  under  such  restrictions  as 
the  president  and  directors  may  impose. 

84.  No  boat  or  float  shall  navigate  the  canal,  or  be  per- Knife  on  bow 
mitted  to  pass  any  lock  thereon,  unless  it  shall  have  a knife  requIred‘ 

or  other  sharp  metallic  instrument  so  affixed  to  its  bow  as 

to  cut  apart  any  tow-rope  which  might  otherwise  pass  over 

it,  and  also  shall  have  its  rudder  and  keel  so  constructed  as  Rudder  or  keel 

not  to  catch,  interfere  with  or  cut  the  tow-line  of  any  pass-  lines  of  other 

ing  boat.  Every  master  or  owner  of  a boat  violating  this boal3' 


28 


JAMES  RIVER  AND 


Strapping  or 
snubbing  lines 
required. 


Cribs  of  rafts. 


Boats  to  have 
lights  at  night. 


Maximum  speed 
of  boats. 


Boats  not  to 
strike  each  other 
on  the  canal. 


Penalty. 


Horses  to  walk 
over  towiag-path 
bridges. 


Boat  overtaking 
another. 


Boats  meeting. 


regulation,  shall  be  subject  to  a penalty  of  ten  dollars,  to 
be  collected  by  the  superintendent  of  repairs  on  whose  sec- 
tion the  offence  is  committed. 

85.  Every  boat  or  float  navigating  the  canal  shall  be  fur- 
nished with  a strapping  or  snubbing  line,  both  at  the  bow 
and  stern,  for  the  purpose  of  checking  its  motion  on  enter- 
ing the  locks,  so  as  not  to  injure  them  ; and  no  boat  or  float 
which  is  not  so  furnished  shall  be  allowed  to  enter  a lock. 

86.  No  raft  or  tow  of  timber  passing  on  the  canal  shall 
consist  of  more  than  eight  cribs,  and  whenever  any  shall 
consist  of  more  than  one  crib,  they  shall  be  so  united  as  to 
conform  readily  to  the  curvatures  of  the  canal  banks,  and 
to  glide  by  the  same  without  rubbing  against  them. 

87.  No  boat  or  float  shall  pass  along  the  canal  at  night, 
or  be  admitted  into  any  lock  at  night,  unless  it  shall  have 
a conspicuous  light  fixed  on  the  bow  or  forward  end. 

88.  No  boat  or  float  shall  move  on  the  canal  at  a greater 
speed  than  at  the  rate  of  four  miles  per  hour,  without  spe- 
cial permission  in  writing  from  the  president  and  directors, 
or  from  some  officer  properly  authorized  to  grant  such  per- 
mission. 

89.  No  boat  or  float  shall  forcibly  strike,  or  violently  rub 
against  any  other  boat,  or  against  the  banks,  locks,  aque- 
ducts, inside  walls,  wastes  or  bridges  of  the  canal. 

90.  Every  violation  of  the  provisions  of  either  of  the 
last  three  articles  shall  subject  the  master  or  owner  of  the 
boat  or  float  so  offending  to  a penalty  of  ten  dollars,  and  to 
a liability  to  pay  the  amount  of  any  damage  which  may  be 
clearly  ascertained  to  have  resulted  from  such  violation  ; 
and  the  superintendent  of  repairs  on  whose  section  the 
offence  is  committed,  is  charged  with  the  collection  of  such 
penalty  and  damage. 

91.  No  horse,  mule  or  other  animal,  drawing  a boat  or 
float  navigating  the  canal,  shall  pass  over  a towing-path 
bridge  at  any  other  gait  than  a walk ; and  for  every  viola- 
tion of  this  provision  the  master  or  owner  of  the  boat  or 
float  shall  forfeit  the  sum  of  five  dollars,  to  be  collected  by 
the  superintendent  of  repairs  on  whose  section  the  offence 
is  committed. 

92.  Whenever  any  boat  or  float  shall  overtake  any  other 
boat  or  float  on  the  canal,  it  shall  be  the  duty  of  the  master 
or  manager  of  the  latter  to  turn  from  the  towing-path  and 
slacken  his  towing-line,  and  to  give  to  the  former  every 
practicable  facility  for  passing,  and  to  stop  whenever  it 
shall  become  necessary,  until  the  boat  or  float  first  men- 
tioned shall  have  been  fully  passed. 

93.  Whenever  any  boat  or  float,  in  passing  along  the 
canal,  shall  meet  any  other  boat  or  float  passing  in  an  op- 
posite direction,  it  shall  be  the  duty  of  the  master  of  each 


KANAWHA  COMPANY. 


29 


to  turn  to  the  right  hand,  so  as  to  be  wholly  on  the  right 
side  of  the  centre  line  of  the  canal ; and  the  horses  or  other 
moving  power  of  the  boat  or  float,  which,  in  turning  to  the 
right  as  aforesaid,  shall  turn  from  the  towing-path,  shall  be 
stopped,  so  as  to  allow  the  moving  power  of  the  other,  and 
the  boat  or  float  itself,  to  pass  freely  over  the  towing-rope 
of  the  boat  or  float  so  turned  from  the  towing-path. 

94.  Whenever  two  or  more  boats  or  floats  moving  in  op- 
posite directions  on  the  canal,  shall  at  any  time  approach 
any  place  where,  from  the  contracted  breadth  of  the  canal 
or  other  cause,  they  cannot  safely  pass  each  other,  it  shall 
be  the  duty  of  the  master  of  every  such  boat  or  float  as- 
cending the  canal  to  stop  at  such  distance  from  such  place 
as  will  permit  every  such  boat  or  float  moving  in  the  op- 
posite direction  conveniently  to  pass  by,  and  there  to  wait 
until  such  passage  is  effected. 

95.  Rafts  shall  in  all  cases  give  place  to  boats  of  all  de- 
scriptions to  pass  between  them  and  the  towing-path. 

96.  Every  violation  of  either  of  the  last  five  articles 
shall  subject  the  master,  owner  or  manager  of  any  boat  or 
float  so  offending,  to  a penalty  of  ten  dollars,  to  be  collected 
by  the  superintendent  of  repairs  on  whose  section  the  of- 
fence is  committed. 

97.  Any  boat  or  float  moving  on  the  canal,  which  shall 
have  arrived  within  one  hundred  yards  of  any  lock  in  which 
the  water  is  on  the  same  level  with  such  boat  or  float,  shall 
have  preference  in  passing  said  lock  to  any  boat  or  float 
(except  a packet  boat)  having  arrived  at  or  near  the  lock 
from  the  opposite  direction. 

98.  If  on  the  arrival  of  any  two  or  more  boats  or  floats 
at  or  near  to  any  lock,  a question  shall  arise  between  their 
respective  masters  as  to  which  shall  be  first  entitled  to  pass, 
such  question  shall  be  determined  by  the  lock-keeper  or 
other  agent  of  the  company  having  charge  of  said  lock  ; 
and  each  boat  or  float  shall  be  passed  in  the  order  and  man- 
ner in  which  such  lock-keeper  or  other  agent  shall  direct. 

99.  A packet  boat  approaching  a lock,  and  within  one 
hundred  and  fifty  yards  from  it,  shall  have  preference  in 
passing  a lock  to  any  other  boat  or  float. 

100.  Every  boat  or  float  shall  be  conducted  into,  through 
and  out  of  every  lock  which  it  may  pass,  in  a careful  man- 
ner, so  as  not  to  injure  such  lock,  and  for  every  neglect  so 
to  conduct  a boat  or  float,  the  master  or  owner  of  the  same 
shall  pay  a penalty  of  ten  dollars,  to  be  collected  by  the 
superintendent  of  repairs  on  whose  section  the  offence  is 
committed. 

101.  Every  boat  or  float  navigating  the  canal,  shall  in 
passing  a lock  fasten  the  bow  and  stern-line  to  the  snub- 
post  on  the  bank  of  the  lock  until  the  lock  is  either  filled 


Boats  meeting  at 
narrow  places. 


Rafts  to  yield  to 
boats. 


Penalty. 


Boats  meeting  at 
a lock  from  oppo- 
site directions. 


Boats  arriving  at 
a lock  at  the  same 
time  from  the 
same  direction. 


Packets  to  have 
preference. 


Boats  to  go 
through  locks 
carefully. 


Snub-posts,  &c. 


30 


JAMES  RIVER  AND 


Delay  in  entering 
locks. 


Delay  in  a lock. 


Where  not  to 
stop. 


Not  to  stop,  &c. 
at  a gauge  dock. 


Notice  of  moor- 
ing boat. 


Where  boats  to 
be  moored. 


How  boats  to  be 
moored. 


or  emptied,  as  the  case  may  be ; and  the  master  or  owner 
of  every  boat  or  float  which  shall  violate  this  regulation 
shall  be  liable  to  a fine  of  five  dollars,  to  be  collected  by 
the  superintendent  of  repairs  on  whose  section  the  offence 
is  committed. 

102.  Every  boat  or  float  which  shall  arrive  at  any  lock, 
and  which  shall  neglect  any  opportunity  to  pass  the  same, 
shall  lose  its  preference  while  there  may  be  any  other  boat 
at  the  lock  ready  to  pass  in  the  same  direction. 

103.  Any  unnecessary  or  unreasonable  delay  of  a boat 
or  float  in  a lock,  or  while  entering  or  leaving  a lock,  shall 
subject  the  person  or  persons  having  charge  of  such  boat 
or  float  to  a penalty  of  five  dollars,  to  be  collected  by  the 
superintendent  of  repairs  on  whose  section  the  offence  is 
committed. 

104.  No  boat  or  float  shall  unnecessarily  stop,  lie  by,  or 
be  moored  opposite  to  any  waste  weir,  nor  within  one  hun- 
dred and  twenty  yards  of  any  lock,  except  in  a basin ; and 
every  owner,  master  or  navigator  of  any  boat  or  float  which 
shall  violate  this*  regulation,  shall  be  subjected  to  a penalty 
of  ten  dollars,  to  be  collected  by  the  superintendent  of  re- 
pairs on  whose  section  the  offence  is  committed. 

105.  No  boat  or  float  shall  stop  within,  lie  by,  or  be 
moored  to  any  gauge  dock,  except  for  the  purpose  of  being 
gauged,  or  having  the  weight  of  its  cargo  ascertained  by 
the  inspector  having  charge  of  said  gauge  dock. 

106.  Whenever  any  owner,  master  or  other  person  hav- 
ing charge  of  any  boat  or  float,  designs  to  leave  the  same 
for  any  length  of  time  in  any  part  of  the  canal,  he  shall 
give  notice  of  such  intention  to  the  nearest  lock-keeper,  and 
no  person  or  persons  shall,  without  permission  in  writing 
from  the  superintendent  or  one  of  his  assistants,  moor  a boat 
or  float  in  any  part  of  the  canal  for  a longer  period  than  four 
days  at  any  one  time,  unless  in  a basin,  or  where  the  canal 
is  of  sufficient  width  for  three  boats  to  pass  abreast. 

107.  Under  no  circumstances  shall  any  boat  or  float  be 
moored  on  the  tow-path  side  of  the  canal  except  by  special 
license  from  the  president  and  directors,  or  from  some  officer 
properly  authorized  to  grant  such  license  ,*  and  in  all  cases, 
with  the  exception  above  stated,  the  mooring  shall  be  on 
the  berm  side  of  the  canal. 

108.  Whenever  a boat  or  float  shall  stop  for  the  night, 
or  lie  by  on  account  of  high  winds  or  other  transient  or  ac- 
cidental cause,  or  be  left  any  length  of  time,  the  master, 
owner  or  other  person  having  charge  thereof,  shall  moor  it 
securely  by  fastening  both  ends  to  the  bank  of  the  canal,  or 
otherwise  providing  that  it  shall  not  occupy  more  than  one 
third  of  the  width  of  the  canal. 


KANAWHA  COMPANY. 


31 


109.  Every  violation  of  either  of  the  last  four  articles  Penalty, 
shall  subject  the  master  or  owner  of  the  boat,  so  offending, 

to  a penalty  of  ten  dollars,  to  be  collected  by  the  super- 
intendent of  repairs  on  whose  section  the  offence  is  com- 
mitted. 

110.  No  boat  or  float  shall  be  suffered  to  remain  loose  on  Boats  not  to  float 
the  canal  or  any  of  its  pools  or  basins,  without  having  some  oose' 
person  on  board  competent  to  take  care  of  it ; nor  shall  any  Nor  to  remain 
boat  be  suffered  to  remain  sunk  for  twenty-four  hours  in  the  sun  ' 

canal  or  in  any  of  its  pools  or  basins ; and  every  boat  or  Boats  not  in  use 
float,  when  not  in  use,  shall  be  moored  as  directed  in  the  sha11  be  moored- 
108th  article.  Every  owner,  master  or  navigator  of  a boat  Penalty, 
or  float,  who  shall  violate  either  of  the  provisions  of  this 
article,  shall  be  subjected  to  a penalty  of  ten  dollars,  to  be 
collected  by  the  superintendent  of- repairs  on  whose  section 
the  offence  is  committed. 

111.  Whenever  a breach  or  other  obstruction  to  the  na- superintendent 
vigation  shall  occur,  or  when  any  level  may  be  filling  with  of  breach." case 
water,  the  superintendent  of  repairs  on  that  part  of  the  line, 

shall  have  authority  to  direct  the  boats  or  floats  which  may 
be  collected  near  such  breach  or  other  obstruction,  or  which 
may,  in  his  opinion,  obstruct  the  filling  of  the  canal  with 
water,  to  lie  in  such  places,  or  so  to  move  backward  and 
forward  on  the  canal,  as  he  shall  think  most  advisable  and 
proper,  and  a refusal  to  comply  promptly  with  his  directions 
in  this  respect,  shall  subject  the  owner  or  master,  or  person 
having  charge  of  any  boat  or  float,  to  a penalty  of  ten  dol- 
lars, to  be  collected  by  the  superintendent  of  repairs  on 
whose  section  the  offence  is  committed. 

112.  Whenever  disputes  shall  arise  concerning  berths,  Berths  to  be  as- 
between  boats  or  floats  while  loading  or  unloading  at  any  SIgned* 
landing  place,  it  shall  be  the  duty  of  the  toll-gatherer,  in- 
spector, or  superintendent  of  repairs,  who  may  be  at  or  near- 
est to  said  place,  to  assign  berths  to  said  boats  or  floats. 

113.  Whenever  any  superintendent  or  lock-keeper  shall  Boats  improperly 
find  any  boat  or  float  moored  or  fastened  in  any  manner  to  moored' 

the  tow-path  side  of  the  canal  without  proper  authority ; 
or  so  moored  or  fastened  in  the  canal,  or  to  the  berm  side 
thereof,  that  any  part  of  such  boat  or  float  shall  be  at  a 
greater  distance  from  the  berm  bank  than  one  third  of  the 
width  of  the  then  water  surface  of  the  canal,  he  shall  forth- 
with direct  the  person  or  persons  in  charge  of  it  to  prevent 
its  continuing  so  to  lie,  and  if  the  person  or  persons  in 
charge  of  such  boat  or  float  shall  refuse  or  neglect  to  re- 
move the  same,  he  or  they  shall  in  addition  to  the  liability 
incurred  according  to  the  108th  and  109th  articles,  be  sub- 
ject to  a further  penalty  of  eight  dollars,  to  be  collected  by 
the  superintendent  of  repairs  on  whose  section  the  offence 
is  committed.  But  if  no  person  be  found  on  board  or  near 


32 


JAMES  RIVER  AND 


at  hand  in  charge  of  such  boat  or  float,  the  superintendent 
or  lock-keeper  shall  cause  it  to  be  removed  and  secured  at 
some  point  as  little  distant  from  the  nearest  lock-house  as, 
conveniently  and  in  conformity  with  these  regulations,  it 
may  be  ; and  the  owner  or  master  thereof  on  taking  repos- 
session of  such  boat  or  float  shall  be  liable  to  a charge  for 
the  expense  of  removing  and  securing  it,  to  be  collected  by 
the  said  superintendent  of  repairs. 

other  obstruc-  114.  Every  person  using  the  canal,  who  shall  obstruct 

tions.  . , . J r . 

the  navigation  of  the  same  by  the  improper  management 
or  conduct  of  any  boat  or  float,  or  by  sinking  any  vessel, 
timber,  stone,  earth,  or  other  thing  to  the  bottom  thereof; 
or  by  placing  any  obstruction  on  the  towing-path  thereof, 
or  on  the  bank  opposite  the  towing-path,  shall  forfeit  the 
sum  of  eighteen  dollars,  to  be  collected  by  the  superinten- 
dent of  repairs  on  whose  section  the  offence  is  committed. 
Logs  not  to  be  115.  No  person  navigating  the  canal  shall  without  per- 
roiied  mto  canal.  mjssion  jn  writing  from  the  superintendent  of  repairs  on 
that  section,  roll  or  draw  from  or  into  the  canal  or  its  basins 
or  feeders,  or  over  the  side  of  any  lock,  aqueduct  or  any 
other  structure  of  masonry,  or  over  the  side  of  any  em- 
bankment on  the  canal  or  its  basins  or  feeders,  any  log, 
timber,  or  other  heavy  material,  under  a penalty  for  every 
violation  of  this  regulation,  of  ten  dollars,  to  be  collected 
by  the  superintendent  of  repairs  on  said  section. 

Filth  not  to  be  116.  No  person  navigating  the  canal  shall  throw  or  dis- 
put  mto  cana . cjiarge  int0  the  canal,  or  into  any  basin  or  feeder  connected 
therewith,  any  carcass,  dead  animal,  putrid  substance^  or 
filth  of  any  kind.  And  a breach  of  this  regulation  shall 
subject  the  offender  to  a fine  of  five  dollars,  to  be  collected 
by  the  superintendent  of  repairs  on  whose  section  the  of- 
fence is  committed. 

opening  lock-  117.  No  person  or  persons,  except  the  lock-keeper  or 

gates.°r  pu  e hands  in  his  employ,  shall  be  permitted  to  open  either  of 
the  larger  gates  of  a lock,  or  the  wickets  or  valves,  without 
permission  of  the  lock-keeper  or  of  one  of  the  hands  in  his 
employ ; and  every  person  navigating  the  canal  who  shall 
violate  this  regulation,  shall  be  liable  to  a fine  of  five  dol- 
lars, to  be  collected  by  the  superintendent  of  repairs  on 
whose  section  the  offence  is  committed. 

OFFICERS. 

Titles  of  officers.  118.  The  officers  connected  with  the  management  and 
preservation  of  the  canal  and  collection  of  tolls  thereon, 
shall  be  as  follows  : 

1.  Superintendents  of  repairs. 

2.  Lock-keepers. 

3.  Toll-gatherers. 

4.  Inspectors. 


KANAWHA  COMPANY. 


33 


GENERAL  REGULATIONS. 

119.  The  officers  connected  with  the  management  and  officers  when 
preservation  of  the  canal  and  the  collection  of  tolls  thereon,  appointed- 
like  the  officers  and  agents  on  the  old  improvements,  shall 

be  appointed  by  the  president  and  directors  annually  (ex- 
cept in  cases  of  vacancy  by  death,  removal,  or  otherwise) 
on  or  about  the  first  of  January,  and  shall  continue  in  office  Term  of  office, 
for  one  year,  terminating  on  the  31st  December,  unless 
sooner  removed  by  the  president  and  directors,  or  by  the 
president,  or  unless  otherwise  provided  by  law,  or  by  some 
special  regulation  of  the  president  and  directors ; and  in 
case  of  the  annual  appointment  not  being  made,  the  said 
officers  shall  continue  in  office  until  an  appointment  shall 
be  made. 

120.  The  salaries  of  such  officers  shall  be  fixed  by  the  salaries, 
president  and  directors ; and  they  shall  be  removable  from 
office  by  the  president  and  directors,  or  by  the  president. 

121.  They  shall  give  their  personal  and  constant  atten- officers  to  have 
tion  to  the  duties  of  their  respective  offices,  and  shall  not  lion. lcr  occupa' 
be  directly  or  indirectly  concerned  in  any  store,  shop,  or 

other  trading  establishment  for  the  purchase  or  sale  of  spi- 
rits, produce,  merchandize,  or  property  of  any  description, 
on  or  near  the  line  of  the  canal,  or  have  any  other  employ- 
ment or  occupation  without  the  special  permission  of  the 
president  and  directors,  under  the  penalty  of  being  dismis- 
sed from  office. 

122.  It  shall  be  their  duty  to  preserve  and  take  care  of  officers  to  take 

hi  i . x , care  of  compa- 

all  books,  papers,  vouchers,  maps,  documents,  instruments  ny’s property, 
and  other  things,  the  property  of  the  ajcuy  which  may 
come  into  their  possession;  and  ever/  c officer  or  agent 
leaving  the  service  of  the  company  shall  surrender  up  and 
deliver  over  to  his  successor,  or  other  person  duly  autho- 
rized to  receive  the  same,  all  the  books,  papers,  vouchers, 
maps,  documents  and  instruments  pertaining  to  his  office, 
and  all  other  things  whatever,  the  property  of  the  company, 
which  may  be  in  his  control.  And  all  such  officers  and  Penalty, 
agents  who  are  not  required  by  these  regulations  to  give 
official  bonds,  and  who  shall  violate  this  regulation,  shall 
be  liable  to  a penalty  of  one  hundred  dollars. 

123.  Such  officers  shall  use  their  utmost  exertions  to  put  officers  to  sup- 
down  all  tippling  and  other  disorderly  and  disreputable  tra-  ?omiuct*orderIy 
ding  shops  in  the  neighbourhood  of  the  canal,  and  be  re- 
quired to  give  information  of  any  such  within  their  know- 
ledge to  the  respective  county  courts  within  whose  juris- 
diction they  may  be  located.  They  shall,  by  all  law fu \A " prevent  in- 
means within  their  reach,  prevent  wanton  or  wilful  injuries  Jm>  °'V01  s’ 
to  the  canal,  roads,  bridges  or  other  works  or  property  of 

the  company,  and  shall  take  immediate  steps  on  behalf  of 


34 


JAMES  RIVER  AND 


Officers  shall  not 
be  interested  in 
contracts  with 
the  company. 


Sections  of  ca- 
nal. 

Superintendents 
of  repairs. 

Their  residence. 


General  duties. 


To  have  charge 
of  the  company’s 
property. 


To  make  certain 
contracts. 


Shall  visit  whole 
line  twice  a 
month. 


Shall  report  to 
the  president. 


the  company  to  have  the  perpetrators  of  such  injuries  as 
may  be  committed,  subjected  to  the  legal  penalties  and  lia- 
bilities ; and  they  shall  report  to  the  president  and  directors 
the  names  and  offences  of  such  offenders. 

124.  No  officer  on  the  canal  shall  either  directly  or  indi- 
rectly be  interested  in  any  contract  for  labour,  materials, 
provisions,  implements  or  other  thing  connected  with  the 
construction,  repairs  or  expenses  of  the  canal  or  its  appur- 
tenant works ; and  no  officer  shall  either  directly  or  indi- 
rectly derive  any  benefit  from  the  annual  expenditures  on 
the  canal  beyond  his  established  compensation. 

SUPERINTENDENTS  OF  REPAIRS. 

125.  The  canal  shall  be  divided  into  such  sections  as  the 
president  and  directors  may  think  advisable ; on  each  of 
which  sections  there  shall  be  a superintendent  of  repairs, 
who  shall  reside  at  such  point  within  the  limits  of  his  sec- 
tion as  the  said  president  and  directors  may  designate. 

126.  It  shall  be  the  duty  of  each  superintendent  of  re- 
pairs to  superintend  and  direct  the  necessary  repairs  on  his 
section  of  the  canal,  and  to  do  every  thing  in  his  power  to 
preserve  said  canal,  and  the  works  connected  therewith, 
from  injury,  and  to  keep  them  in  a good  state  and  condi- 
tion, for  which  purpose  he  shall  be  allowed  such  overseers, 
removable  at  his  pleasure,  each  with  such  a force  of  labour- 
ers employed  by  the  year  or  otherwise,  and  governed  by 
such  regulations,  as  the  president  and  directors  may  pre- 
scribe ; and  he  is  particularly  charged  with  the  duty  of  see- 
ing that  the  overseers,  foremen  and  labourers  under  his 
charge  shall  be  diligent  and  faithful  in  the  performance  of 
their  respective  duties  to  the  company. 

127.  He  shall  have  charge  of  all  the  tools,  implements, 
carriages  and  other  personal  property  of  the  company  on  his 
section,  and  shall  cause  all  such  property  not  in  use  to  be 
kept  in  a place  of  safety ; and  at  the  close  of  each  quarter 
shall  return  to  the  office  of  the  company,  to  be  placed  on 
file,  an  inventory  of  all  such  property  under  his  charge. 

128.  He  shall  make  such  contracts  for  labour,  provisions, 
materials  and  implements,  and  under  such  regulations  as 
the  president  and  directors  may  deem  proper,  and  report  the 
same  to  their  next  stated  meeting. 

129.  He  shall  visit  the  whole  length  of  his  section  twice 
in  every  month,  and  keep  the  president  constantly  informed 
by  letter  and  oral  communication,  of  the  state  and  condi- 
tion of  the  line,  and  of  all  other  matters  under  his  superin- 
tendence, and  at  the  close  of  each  quarter,  and  oftener  if 
required,  he  shall  make  report  to  the  president,  to  be  laid 
before  the  board,  of  the  state  and  condition  of  the  canal 


KANAWHA  COMPANY. 


35 


and  its  appurtenant  works,  as  also  of  the  houses  and  enclo- 
sures of  the  lock-keepers,  including  in  such  report  what  in- 
juries the  canal  has  sustained  or  is  likely  to  sustain,  and  the 
causes  thereof,  what  measures  he  may  have  taken  to  remedy 
or  prevent  such  injuries,  what  improvements  he  may  think 
necessary,  what  depredations  may  have  been  committed  on 
the  canal  or  its  works  or  other  property  of  the  company, 
and  such  other  information  as  he  may  consider  important  to 
its  interests. 

130.  On  the  occurrence,  on  his  section,  of  any  breach  in  Personal  atten- 
the  canal,  or  other  injury  to  the  works,  suspending  the  navi-  when  required, 
gation,  he  shall  immediately  proceed  to  the  same,  remain 
thereat,  and  superintend  the  repairs  thereof,  until  the  navi- 
gation shall  be  restored.  He  shall  also,  as  soon  as  practi-  special  reports 
cable,  and  from  time  to  time  as  he  may  be  able,  report  to  to  pres,dent* 
the  president,  in  writing,  the  occurrence  of  such  breach  or 

other  injury,  with  the  place,  time,  causes,  extent  and  de- 
scription thereof,  the  means  adopted  or  proposed  to  be  adopt- 
ed by  him  for  repairing  the  same,  the  time  which  will  pro- 
bably be  occupied  by  such  repairs,  their  probable  cost,  and 
all  other  information  in  his  power  relative  to  the  subject, 
which  may  be  useful  or  interesting.  He  shall  also  apprise  information  to 
the  several  toll-gatherers  of  such  breach  or  other  injury, toll  gathereis- 
and  of  the  time  at  which  the  navigation  will  probably  be 
restored. 

131.  Within  the  limits  of  his  section  he  shall  superintend  shaHjSupcrm- 
and  direct  the  lock-keepers  in  the  performance  of  their  du-  er".  °c  eep 
ties,  and  report  the  misconduct  of  any  lock-keeper  to  the 
president  and  directors;  and  should  he  deem  it  necessary  May  remove 
he  may  remove  any  lock-keeper  and  fill  the  vacancy  there-  lotk  ketpeis‘ 
by  created,  until  the  next  meeting  of  the  president  and  di- 
rectors, at  which  time  he  shall  report  such  removal  and  tem- 
porary appointment,  with  his  reasons  therefor  and  the  facts 

of  the  case,  to  the  said  president  and  directors. 

132.  Except  in  cases  of  great  emergency  requiring  his  shall  be  at  office 
presence  on  the  line,  he  shall  be  in  attendance  at  the  office  at  meetings  o”y 
of  the  company  at  every  stated  meeting  of  the  president  and  tIie  board* 
directors. 

133.  He  is  charged  with  the  duty  of  prosecuting  in  the  shall  prosecute 
proper  courts,  when  necessary,  for  the  collection  of  the  penal-  names!*1"  pe 
ties  and  forfeitures  prescribed  by  articles  82,  83,  84,  90,  91, 

96,  100,  101,  103,  104,  109,  110,  111,  113,  114,  115,  116 
and  117  of  these  regulations,  incurred  on  his  section,  and 
he  shall  deposit  once  a month  to  the  credit  of  the  company, 
in  the  Bank  of  Virginia,  or  one  of  its  branches,  the  amount 
received  by  him  for  such  penalties  and  forfeitures. 

134.  All  accounts  for  labour,  provisions,  materials  and  im-  shall  certify  and 
plements  on  his  section,  shall  be  certified  by  him  as  correct  h?s  department! 
and  necessary,  and  presented  by  him  to  the  stated  meetings 


36 


JAMES  RIVER  AND 


Not  to  take  re- 
ceipts unless  for 
money  paid. 


Shall  not  employ 
members  of  his 
family. 


Other  duties  to 
be  assigned. 


Official  bond. 


of  the  president  and  directors,  and  when  such  accounts  shall 
be  allowed,  he  shall  receive  the  warrants  issued  therefor, 
pay  said  accounts,  and  return  proper  receipts  for  the  same 
to  the  office  of  the  company ; and  under  no  circumstances 
whatever  shall  the  said  superintendent  take  a receipt  for  la- 
bour done,  services  performed,  or  materials,  provisions  or 
implements  purchased  for  the  company,  unless  the  money 
for  the  same  shall  have  been  actually  paid. 

135.  A superintendent  of  repairs  shall  not,  without  spe- 
cial permission  from  the  president  and  directors,  employ  the 
members  of  his  family  on  the  canal,  or  furnish  any  teams, 
carriages,  boats,  implements,  materials,  provisions  or  other 
things  for  the  canal,  or  employ  any  teams,  carriages  or  boats, 
or  purchase  any  implements,  materials  or  provisions  owned 
by  the  members  of  his  family,  or  by  any  foreman  or  lock- 
keeper  on  the  canal ; and  no  foreman  on  the  canal,  without 
such  permission,  shall  himself  furnish  any  teams,  carriage, 
boat,  implement,  materials,  provisions  or  other  thing  for  the 
canal,  nor  employ  or  contract  for  the  same  when  owned  by 
any  members  of  his  family  or  by  any  lock-keeper. 

136.  The  superintendents  of  repairs  shall  perform  such 
other  duties  in  addition  to  those  already  enumerated,  as  the 
president  and  directors  shall  from  time  to  time  assign  to 
them. 

137.  Before  entering  on  the  duties  of  his  office,  he  shall 
give  bond,  with  one  or  more  approved  sureties,  in  the  penalty 
of  three  thousand  dollars,  conditioned  for  the  faithful  per- 
formance of  his  duties,  and  for  the  faithful  account  and  pay- 
ment of  all  moneys  of  the  company  which  shall  come  into 
his  hands. 


LOCK-KEEPERS. 


Extent  of  term 
lock-keeper. 


Lock-keepers  to 
examine  works, 
and  prevent  in- 
jury to  them. 


Shall  keep  locks 
in  good  order. 


138.  The  term  lock-keeper,  when  used  in  these  regula- 
tions without  any  qualifying  word  or  words,  shall  be  held 
'to  include  the  keepers  of  all  locks,  whether  clearance  locks 
or  others,  on  or  appurtenant  to  the  canal. 

139.  It  shall  be  the  duty  of  all  lock-keepers  to  make  a 
daily  and  particular  examination  of  the  locks  under  their 
charge,  and  of  any  other  works  which  they  may  be  directed 
by  order  of  the  president  and  directors  to  attend  to,  and  to 
prevent  by  all  lawful  means  in  their  power,  any  injury  to 
said  locks  or  other  works,  from  the  carelessness  of  the  boat- 
men, or  from  malicious  or  disorderly  persons. 

140.  They  shall  use  their  utmost  exertions  to  keep  the 
said  locks  or  other  works  in  the  best  possible  order,  and  in 
case  of  any  accident  or  injury  to  them,  or  to  the  canal  in 
the  vicinity  of  their  stations,  requiring  immediate  attention, 
they  shall  take  the  necessary  measures  to  remedy  the  same, 


KANAWHA  COMPANY. 


37 


and  to  prevent  further  injury,  and  in  the  mean  time  to  send 
the  earliest  intelligence  thereof  to  the  superintendent  of  re- 
pairs on  that  part  of  the  canal. 

141.  It  shall  be  their  duty  at  all  hours  by  night  as  well  shall  pass  boats 
as  by  day,  unless  otherwise  ordered  by  the  president  and  at  a11  hours‘ 
directors,  to  pass  all  boats  and  floats  presenting  themselves 

at  their  locks,  and  entitled  to  pass  the  same,  agreeably  to 
the  various  provisions  in  these  regulations  relative  to  the 
passage  of  such  boats  or  floats  through  said  locks. 

142.  They  shall  not  permit  the  boatmen  to  pass  them- shall  not  permit 
selves  through  any  lock  except  in  the  presence  and  under  boats!6”  t0  pas3 
the  direction  of  the  keeper  thereof  or  his  assistant. 

143.  The  able-bodied  hands  which  the  keepers  of  com- Their  assistants 
bined  or  neighbouring  locks  may  be  required  to  provide,  necessar^iabour. 
shall,  in  addition  to  working  the  locks,  perform  such  other 
necessary  labour  thereat,  and  in  the  immediate  neighbour- 
hood thereof,  as  the  sudden  exigencies  of  the  canal  may  re- 
quire in  the  absence  of  the  superintendent  of  repairs  on  that 

part  of  the  line,  or  of  the  labourers  hired  by  the  company. 

144.  The  lock-keepers  shall  not  absent  themselves  from  They  shall  not 
their  locks  on  any  occasion,  without  leave  from  the  super-  quit  their  posts‘ 
intendent  of  repairs  on  that  part  of  the  canal.  And  unless  shall  reside  at 
otherwise  authorized  by  the  company,  shall  reside  in  the  lockri* 
houses  provided  for  them  at  their  respective  stations ; and 

they  shall  be  charged  with  the  care  and  preservation  of  their 
respective  houses,  and  of  the  enclosures  attached  thereto. 

145.  Where  the  locks  are  situated  within  the  limits  of  shall  not  keep 
cultivated  farms,  the  lock-keepers  shall  not  permit  their  do-  meatic^mais. 
mestic  animals  to  run  at  large  so  as  to  injure  the  crops  on 

said  farms. 

146.  Any  lock-keeper  who  shall  knowingly  permit  a boat  Penalty  for  vioia- 
or  float  to  pass  his  locks  in  violation  of  any  provision  0f  tlns  re&ulat,ons- 
these  regulations,  shall  be  forthwith  dismissed  from  the  ser- 
vice of  the  company  by  the  president,  or  by  the  superinten- 
dent of  repairs  on  that  part  of  the  canal,  on  their  becoming 
cognizant  of  the  fact,  and  he  shall  be  deemed  to  have  for- 
feited all  compensation  for  his  services  since  the  last  quar- 
ter day. 

147.  Every  lock-keeper  shall  perform  such  other  duties  siiaii  perform 
connected  with  the  canal,  as  the  president  and  directors  may  be  assigned! to 
require  of  him  from  time  to  time. 

TOLL-GATHERERS. 

148.  There  shall  be  toll-gatherers  at  Richmond  and  Number  and  sta- 
Lynchburg,  and  at  such  other  points  on  the  line  as  the  gatherers1.011 
president  and  directors  may  from  time  to  time  designate  for 

the  purpose. 


38 


JAMES  RIVER  AND 


Shall  collect 
tolls. 


And  grant  clear- 
ances and  per- 
mits. 


Shall  prosecute 
for  penalties  in 
certain  cases. 


Shall  be  ex  officio 
inspectors. 


Shall  employ 
clerks. 


And  be  responsi- 
ble for  their  acts. 

Toll  office  to  be 
office  of  inspec- 
tor. 


Toll-gatherer 
shall  refuse 
clearances  until 
satisfaction  for 
injuries  to  the 
company’s  pro- 
perty be  made. 


Shall  report  mis 
conduct  of  lock- 
keepers  and 
other  agents. 


Shall  perform 
extra  duties  to 
be  assigned. 


149.  The  several  toll-gatherers  shall  collect  the  tolls  to 
which  the  company  may  be  entitled  on  the  tonnage  and 
travel  on  the  canal,  at  their  respective  offices,  according  to 
the  tariff  of  tolls  which  may  be  established ; grant  clear- 
ances, permits,  and  other  official  papers  ; keep  their  accounts 
in  such  form  as  may  be  directed  by  the  president  and  direc- 
tors ; and  perform  all  other  official  acts  connected  with  the 
duties  of  their  offices,  which  are  or  may  be  prescribed  by 
the  regulations  of  the  company,  or  by  order  of  the  presi- 
dent and  directors. 

150.  They  shall  prosecute  in  the  proper  courts,  where 
necessary,  for  the  collection  of  the  penalties  and  forfeitures 
prescribed  by  articles  8,  17,  29,  30,  33,  34,  35,  48,  52,  66 
and  71  of  these  regulations. 

151.  They  shall  be  ex  officio  inspectors  of  canal  boats 
and  their  cargoes,  and  shall  perform  all  the  duties  of  inspec- 
tors, except  at  places  where  separate  inspectors  shall  be  ap- 
pointed ; and  at  such  places  they  shall  aid  the  said  inspec- 
tors in  the  discharge  of  their  duties,  and  see  that  they  per- 
form such  duties  faithfully  and  efficiently. 

152.  To  aid  the  toll-gatherers  in  discharging  the  duties 
of  their  offices,  each  of  said  officers  shall  employ  one  or 
more  competent  clerks,  as  may  be  required  by  the  president 
and  directors,  at  such  rate  of  compensation  as  they  may  al- 
low, and  upon  employing  such  clerk  or  clerks,  he  shall  im- 
mediately make  report  thereof  to  the  president  and  direc- 
tors, whereupon  such  clerk  or  clerks  shall  during  his  neces- 
sary absence,  perform  all  the  duties  and  exercise  all  the 
powers  appertaining  to  his  office,  and  he  shall  be  respon- 
sible for  their  official  acts. 

153.  The  office  of  the  toll-gatherer  at  a place  where  there 
is  a separate  inspector,  shall  be  the  office  of  the  inspector, 
unless  otherwise  provided  by  the  president  and  directors. 

154.  If  the  crew  of  any  boat  or  float  shall  be  guilty  of 
any  violence  or  disorderly  conduct  on  the  canal,  or  on  a ba- 
sin or  pool  attached  thereto,  or  on  the  company’s  grounds, 
injurious  to  the  interests  of  the  company,  it  shall  be  the 
duty  of  any  toll-gatherer  cognizant  of  the  fact  to  withhold 
a clearance  or  permit  from  such  boat  or  float  until  reasonable 
satisfaction  for  such  injury  be  made. 

155.  Every  toll-gatherer  shall  report  to  the  president  and 
directors  any  gross  neglect  or  misconduct  of  any  of  the  lock- 
keepers  or  other  agents  of  the  company  on  the  line  of  the 
canal,  which  shall  come  within  his  knowledge. 

156.  The  several  toll-gatherers  shall  execute  such  extra 
duties  relating  to  the  affairs  of  the  canal,  although  uncon- 
nected with  their  offices,  as  may  be  enjoined  on  them  by 
the  president  and  directors. 


KANAWHA  COMPANY. 


39 


157.  They  shall  each  be  provided  with  an  office,  and  the  office,  &c.  to 
necessary  books,  forms,  blanks,  stationery  and  fuel  therefor. be  oun  * 

158.  Previous  to  entering  on  the  duties  of  their  offices,  official  bond, 
each  toll-gatherer  shall  give  bond  with  one  or  more  approved 
sureties,  in  the  penalty  of  five  thousand  dollars,  conditioned 

for  the  faithful  performance  of  the  duties  which  have  been 
or  shall  be  enjoined  on  him  by  the  regulations  of  the  com- 
pany, and  for  the  faithful  accounting  for,  and  payment  of 
all  moneys  of  the  company  which  may  come  to  his  hands. 

INSPECTORS. 

159.  There  shall  be  a separate  inspector  at  the  toll-ga- Number  and  sta- 
therer’s  office  at  Richmond,  and  at  the  toll-gatherer’s  office  !ir"s  °f  lnspec' 
at  Lynchburg,  and  inspectors  at  such  other  points  as  the 
president  and  directors  may,  from  time  to  time,  deem  to  be 
required  by  the  augmentation  of  the  tonnage  of  the  line ; 

and  such  inspector,  if  at  a toll-gatherer’s  office,  shall  be 
subordinate  to  said  toll-gatherer. 

160.  He  shall  have  such  assistants  or  labourers  at  the  ex-  Assistants  sa- 
pense  of  the  company,  as  may  be  necessary  to  aid  him  in  lowed’ 

the  discharge  of  his  duties,  whenever  the  president  and  di- 
rectors may  think  the  state  of  the  trade  shall  require  it. 

161.  It  shall  be  the  duty  of  every  inspector  on  the  canal,  shaii  inspect 
and  he  is  hereby  enjoined,  carefully  to  examine  and  inspect  cargoes‘ 
the  cargo  of  every  boat  or  float  applying  for  a clearance,  or 
passing  by  his  office,  with  a view  of  ascertaining  whether 

said  cargo  and  its  several  parts  agree  with  the  bill  or  bills 
of  lading,  clearance  or  other  paper  or  papers  exhibited  to 
him,  purporting  to  describe  the  same,  of  detecting  any  fraud 
on  the  revenue,  and  generally  of  seeing  that  the  regulations 
for  the  management  of  boats  and  their  cargoes  coming  pro-  - 
perly  under  his  notice  are  duly  complied  with. 

162.  He  shall  have  charge  of  any  gauge  dock  established  shaii  keep  gauge 
at  or  near  his  office,  and  shall  perform  the  duties  of  gauging  dock‘ 

boats  or  ascertaining  the  weights  of  their  cargoes  at  such 
gauge  dock,  whenever  they  may  be  prescribed  in  the  regu- 
lations aforesaid,  or  by  order  of  the  president  and  directors. 

163.  He  shall  keep  such  registers  and  accounts,  and  make  shaii  keepac- 
such  reports  at  such  times  and  in  such  forms  as  are  or  shall  pJcscribe^fonn. 
be  required  by  the  regulations  of  the  company,  or  may  be 

ordered  by  the  president  and  directors. 

164.  He  shall  perform  such  other  extra  services  as  the  Other  duties  to 
president  and  directors  may  from  time  to  time  require.  be  prescnbed- 


' 


I 


s~ « ~4c<ro  - i^etcna  - / 

<?  swC  /St*,  /**J  /h*  0**4&  <-*  “t 

xj.  * , 2 ( r.  <7  A~r  & Se<4c4  *•  /<'$**'  «**» 

> /' 

, 


TARIFF  OF  TOLLS 


PER  TON  OF  2000  POUNDS  PER  MILE, 

TO  BE  CHARGED  ON 

THE  JAMES  RIVER  AND  KANAWHA  CANAL. 

[With  the  alterations  up  to  the  1st  October  1846.] 


ARTICLES  AT  4 CENTS  PER  TON  PER  MILE. 


Agricultural  implements, 
Anvils, 

Ale, 

Ashes,  pot  and  pearl, 
Bacon, 

Beans, 

Beef,  salt  and  fresh, 
Beeswax, 

Bellows, 

Books, 

Butter, 

Beer, 

Burr  Blocks, 

Candles, 

Carriages, 

Crackers, 

Cheese, 

Coffee, 

Confectionary, 

Copper, 

Cordage, 

x Cotton,  Cotton  Yarns  and 
Cotton  Bagging, 

Cutlery, 

Copperas, 

China, 

Cider, 

Chalk, 

Dye  Stuffs, 

Dry  Goods, 

Drugs, 

Earthen  and  Queens  Ware, 
Eggs, 

Fancy  Articles, 

Feathers, 

Flax, 

Furniture,  (Household,) 


Fruits,  (foreign,  not  other- 
wise designated,) 

Furs  and  Peltry, 

Glass  and  Glassware, 
Ginseng, 

Groceries,  not  otherwise 
designated, 

Hardware, 

Hats,  Caps,  &c. 

Hair,  Curled, 

Hemp  and  Flax, 

Hempen  Yarns, 

Hides  and  Skins,  (dry  and 
green,) 

Honey, 

Hops  and  Herbs, 

Joiners’  Work, 

Lard, 

Leather, 

Lemons, 

Liquorice, 

Liquors,  not  otherwise 
designated, 

Live  Stock, 

Mackerel, 

Machinery,  not  otherwise 
designated, 

Mechanics’  Tools, 

Metals,  not  otherwise 
designated, 

Mill  Stones, 

Mutton, 

Nails  and  Spikes, 

Oils  of  all  kinds, 

Oranges, 

Oysters  not  in  the  shell, 
Paints, 


Paper, 

Pork,  salted  and  fresh, 
Powder, 

Poultry  and  Eggs, 
Putty, 

Peas  and  Beans, 
Porter, 

Queens  Ware, 

Raisins, 

Rice, 

Saddlery, 

Salt  Petre, 

Snake  Root, 
Stationery, 

Steam  Engines, 

Steel, 

Spices, 

Shoes  and  Boots, 

Soap, 

Shot, 

Sugar, 

Shad, 

Seed  of  all  kinds, 
Segars, 

Snuff, 

Spirits  Turpentine, 
Sulphur, 

Salmon, 

Teas, 

Tin  and  Tin.Ware, 
Tallow, 

Venison, 

Vices, 

Wood  Ware, 

Wool, 

Wrapping  Paper, 

Zink. 


6 


42 


JAMES  RIVER  AND 


ARTICLES  AT  3 CENTS  PER  TON  PER  MILE. 


Bar  Iron, 

Barley, 

Charcoal, 

Fish,  not  otherwise 
designated, 


Iron  Castings, 
Logwood, 

Lead,  (pig  and  bar,) 

Mahogany, 

Molasses, 


Moss, 

Potters’  Ware, 

Stone  Ware, 

Tobacco  of  all  kinds, 
Vinegar. 


ARTICLES  AT  2 CENTS  PER  TON  PER  MILE. 


Agricultural  Products,  not 
otherwise  designated, 
Apples  and  other  domestic 
fruits,  green  or  dried, 
Barrels,  empty, 

Bran  and  other  mill  offal, 
Buckwheat  and  Buckwheat 
Flour, 

Bark,  ground  and  unground, 
Casks  and  Boxes,  empty, 
Corn  and  Corn  Meal, 

Cotton  Waste  and  Rags, 


Flour  and  Wheat, 
Fodder, 

Grindstones, 

Hay, 

Marble,  dressed, 
Oats, 

Oysters  in  the  §hell, 
Pitch, 

Potatoes  of  all  kinds, 
Rags, 

Rosin, 

Rye, 


Salt, 

Straw,  Shucks,  &c. 

Stone,  dressed, 

Shorts, 

Ship  Stuff, 

Tar, 

Tobacco  Stems, 
Turpentine, 

Turnips  and  other  Vegeta- 
bles, 

Vegetables. 


ARTICLES  AT  1 CENT  PER  TON  PER  MILE. 

Scrap  Iron  and  Old  Castings. 
ARTICLES  AT  1 CENT  PER  TON  PER  MILE. 


Bricks, 

Coal  and  Coke  passing 
down  Canal, 
Cement, 

Headings, 

Hoop  Poles, 


Iron  Ore, 

Laths, 

Marble,  rough, 
Pig  Iron, 

Posts  for  fencing, 


AT  £ CENT  PER  TON 


Rails  for  fencing, 
Staves, 

Shingles, 

Slate  for  roofing, 
Timber  of  all  kinds, 
Tiles  for  roofing. 


PER  MILE. 


ARTICLES 


Clay, 

Coal  and  Coke  passing  up 
Canal, 

Earth, 


Gravel, 

Gypsum  or  Plaster, 
Lime  and  Limestone, 
Manure, 


Mineral  Waters, 
Oyster  shells, 
Plaster, 

Stone,  rough. 


Sand,  for  all  distances,  5 cents  per  ton. 

Wood  for  fuel,  for  all  distances,  12£  cents  per  cord. 


All  articles  transported  only  on  the  lower  level  of  the  canal,  will  be  charged  with  one- 
half  the  tolls  charged  on  the  old  canal,  except  in  cases  provided  for  by  special  resolution 
of  the  board  of  directors. 


TOLLS  ON  PASSENGERS. 

On  white  persons  12  years  old  and  upwards,  1 cent  per  mile. 

Do  do.  between  12  and  5 years  old,  - - • -i  “ “ 

On  coloured  persons  5 years  old  and  upwards,  £ “ “ 

On  all  articles  except  Coal,  Mill  Offal,  Manure,  Sand,  and  Wood  for  fuel,  transported 
on  any  portion  of  the  enlarged  old  canal,  (between  Richmond  and  Maiden’s  Adventure,) 
the  tolls  shall  be  equal  at  least  to  those  charged  on  the  old  canal. 


KANAWHA  COMPANY. 


43 


TOLLS  ON  THE  OLD  CANAL. 

$ c* 


On  every  hogshead  of  Tobacco,  - - - - - -10 

On  every  hogshead  of  Tobacco  Stems,  -----  25 

On  every  hogshead  of  Rum,  Wine  or  French  Brandy,  - - -10 

On  every  hogshead  containing  other  Liquids,  50 

On  all  barrels  and  casks  containing  Spirits,  Wines  and  other  Liquids,  in  pro- 
portion to  quantity,  as  above. 

On  every  barrel  of  Flour,  - - - - - - - 10 

On  every  barrel  of  Pork,  Beef  or  Fish,  -----  12 

On  every  ton  of  Hemp,  Flax,  Bar  Iron,  Castings,  Lead  or  Zinc,  - - 1 50 

On  every  ton  of  Pig  Iron,  50 

On  every  ton  of  Shucks,  Straw,  Hay,  Fodder  or  Oats,  - - - 25 

On  every  ton  of  Stone,  Manure,  Bricks,  Plaster,  Lime,  Oyster  Shells  or  Sand,  12 
On  every  sack  of  Salt,  - 6 

On  every  bushel  of  Wheat,  - 1 

On  all  other  articles  commonly  sold  by  the  bushel,  - 1 

On  every  cord  of  Wood  or  Bark,  ------  12 

On  every  thousand  Staves,  Heading,  Shingles,  Boards  or  Bolts,  - - 25 

On  every  thousand  Laths  or  Hoop  Poles,  -----  12 

On  every  thousand  feet  of  Plank  or  Scantling,  35 

All  articles  not  enumerated,  shall  pay  by  the  hundred  weight,  - 6 

One  large  empty  Boat,  - - - - - - -10 

One  empty  Batteau,  50 


M. 

0 

0 

0 

0 

4 

5 

0 

0 

0 

5 

2i 

6 

5 

5 

0 

5 

0 

0 

0 


44 


JAMES  RIVER  AND 


TABLE  OF  DISTANCES 

ON  THE 


JAMES  RIVER  AND  KANAWHA  CANAL. 


S 

S . 

o • 

2 60 

3 

11 

Cj 

C o 
e3 

^ o 
•8p3 

Q w 

m ^ 

5^ 

Richmond, 

- 

. 

0 

146 

Rutherf’oord’s  Mills, 

. 

- 

- 

2 

144 

Locks  No.  1 and  2, 

T.  Ruchie,  ... 

- 

- 

3 

143 

Abigail  Mayo’s  estate, 

- 

- 

4 

142 

A.  Hutchison,  Win.  H.  Richardson, 

- 

- 

5 

141 

Lock  No.  3, 

Westham,  ... 

- 

- 

5 4 

1404 

Wm.  Anderson,  J.  Alley, 

- 

- 

6 

140 

N.  M’Coull,  R.  Henderson, 

- 

- 

6 

140 

Reins’s  Island, 

- 

6 

140 

Read  & Sims, 

- 

- 

7 

139 

J.  H.  Jennings, 

- 

- 

8* 

1374 

J.  Ambler, 

- 

- 

9 

137 

Locks  No.  4 and  G, 

Bosher’s  JDam, 

- 

- 

94 

1364 

Locks  No.  5 and  6, 

- 

- 

- 

9 4 

1364 

John  Wickham,  lower  estate, 

- 

- 

11 

135 

John  Wickham,  upper  estate, 

- 

- 

12 

134 

Tuckahoe  Railroad  Basin, 

- 

- 

12 

134 

Tuckahoe  Aqueduct, 

- 

- 

124 

1334 

T.  M.  Randolph,  H.  Wight, 

- 

- 

13 

133 

W.  Powell, 

- 

- 

144 

1314 

Judge  John  Robertson, 

- 

- 

15 

131 

W.  E.  Harris, 

- 

- 

16 

130 

Manakin  Town  Ferry  Road, 

- 

- 

164 

1294 

Dover  Pits,  Anderson  & Moody, 

- 

- 

17 

129 

W.  Shelton,  Richard  Sampson, 

- 

- 

18 

128 

N.  & L.  M.  Watkins, 

- 

- 

19 

127 

Dover  Mills  and  Aqueduct, 

- 

- 

20 

126 

J.  S.  Watkins,  J.  M.  Trevillian, 

. 

- 

20 

126 

B.  F.  Carter,  - 

- 

- 

21 

125 

James  M.  Morson, 

- 

- 

214 

1244 

Jude’s  Ferry  Road, 

- 

- 

22 

124 

J.  Trent’s  estate, 

- 

- 

224 

1234 

James  Pleasants,  A.  Pleasants, 

- 

- 

25 

121 

Ro.  W.  Pleasants, 

- 

26 

120 

Beaver  Dam  Aqueduct, 

- 

- 

264 

1194 

Corbin  Warwick,  J.  B.  Pleasants, 

- 

- 

27 

119 

Maiden’s  Adventure  Dam, 

- 

- 

274 

1184 

J.  Archer,  - 

- 

- 

28 

118 

Charles  Pope,  - 

- 

- 

29 

117  . 

Michaux’s  Ferry, 

- 

- 

304 

1154 

Dr.  Harris,  W.  Meredith, 

- 

- 

31 

115 

Locks  No.  7 and  8, 

Junction  of  Canal  and  River, 

- 

- 

324 

1134 

Cedar  Point,  - 

- 

- 

324 

1134 

Ro.  Stanard, 

- 

- 

33 

113 

KANAWHA  COMPANY. 


45 


Lock  No.  9, 
Lock  No.  10, 


Lock  No.  11, 


Lock  No.  12, 
Lock  No.  13, 

Lock  No.  14, 

Lock  No.  15, 
Lock  No.  16, 

Lock  No.  17, 

Lock  No.  18,  G, 
Lock  No.  19, 

Lock  No.  20, 
Lock  No.  21, 

Lock  No.  22, 
Lock  No.  23, 
Lock  No.  24, 
Lock  No.  25, 
Lock  No.  26, 

Lock  No.  27, 
Lock  No.  28, 

Lock  No.  29, 
Lock  No.  30, 


Lickinghole  Aqueduct,  M.  Selden, 

W.  Bolling,  - 

J.  Weisiger,  - 

T Vv  flilriflQ  m mm 

J.‘  Watkins’s  Mills,  G.  W.  Payne, 

Jefferson  Ferry  Road, 

J.  Rutherfoord, 

J.  S.  Smith,  - 
Tarlton  Fleming, 

Thomas  Bolling, 

G.  C.  Pickett’s  estate, 

J.  Pemberton, 

Near  Cartersville  Road, 

Richard  G.  Haden, 

E.  Turpin,  O.  Johnson, 

Randolph  Harrison, 

Louisa  G.  Allan, 

John  Allan’s  estate, 

Columbia  Ferry  Road  Bridge, 

James  Galt,  - 

William  Galt,  - 

Wm.  Woodson,  J.  W.  Toney, 

New  Canton,  G.  Holeman, 

C.  C.  Cocke,  J.  H.  Cocke,  Jr. 

J.  H.  Cocke,  - 

J.  M.  Johnson,  Middleton  Mills, 

W.  Shore,  J.  Stratton, 

Martin  Tutwiler, 

G.  L.  Seay,  T.  Gilmer’s  estate, 

H.  Ware,  E.  Herndon, 

A.  C.  Omohundro,  W.  C.  Adams, 

W.  C.  Adams,  upper  estate,  W.  Adams, 
J.  Conolly,  ... 

Scottsville,  B.  Staples, 

C.  H.  Harrison  or  Burton, 

J.  W.  Gant, 

J.  B.  Glover,  ... 
Warren,  J.  Cowles,  W.  Brown, 

Ro.  Rives,  ... 

N.  Goolsby,  ... 

J.  Jopling,  Geo.  Booker, 

Mrs.  E.  Johnson, 

J.  Fowles,  ... 

Rockfish  Aqueduct,  Howardsville, 

W.  11.  Carter,  H.  Lewis, 

S.  Jones,  ... 

F.  W.  S.  Turner, 

Warminster,  J.  C.  Cabell’s  lower  farm, 
N.  F.  Cabell, 


Distance  from 

Richmond. 

Distance  from 

Lynchburg. 

34 

112 

35 

111 

36 

110 

37i 

108£ 

38 

108 

39 

107 

39 

107 

40 

106 

42 

104 

43 

103 

44 

102 

45 

101 

46 

100 

46k 

99k 

47£ 

98k 

49 

97 

50 

96 

51 

95 

54 

92 

54  £ 

91  k 

55 

91 

5 6h 

89k 

58 

83 

61  k 

84k 

62 

84 

63  h 

82k 

64 

82 

66 

80 

66k 

79k 

67 

79 

68 

78 

70 

76 

70k 

75k 

71 

75 

72 

74 

72k 

73k 

73 

73 

74 

72 

75 

71 

76 

70 

77 

69 

79 

67 

80 

66 

81 

65 

82k 

63£ 

83 

63 

85 

61 

85k 

60£ 

86k 

59k 

87 

59 

88 

58 

89 

57 

90 

56 

90k 

55k 

91 

55 

94 

52 

95 

51 

97 

49 

98£ 

47k 

99 

47 

46 


JAMES  RIVER  AND  KANAWHA  COMPANY. 


S 

V.  c 

S . 

o sc 

3 

O c 
£ 1 

CJ  r; 

G O 

rt  & 

eg  g 

|s 

I* 

Lock  No.  31, 

- 

. 

. 

m 

46* 

J.  T.  Smith,  J.  C.  Cabell’s  upper  farm, 

- 

101 

45 

Lock  No.  32, 

Daniel  Higginbotham,  Hardwicksville, 

- 

103 

43 

Mayo  Cabell, 

J.  S.  M’Cleland, 

- 

- 

105 

41 

- 

- 

106 

40 

M.  M’Cleland,  - 

- 

- 

107 

39 

New  Market,  Tye  River, 

- 

- 

107£ 

38k 

W.  Daniel,  Jr. 

- 

109 

37 

Head  slackwater, 

- 

109i 

36k 

J.  S.  M’Cleland,  N.  Loughborough, 

no 

36 

Lock  No.  35, 

F.  M.  Cabell, 

- 

111 

35 

Lock  No.  36, 

- 

- 

112* 

33k 

Green  way,  W.  Horseley, 

- 

113 

33 

Lock  No.  37, 

- 

- 

115 

31 

W.  Wright, 

- 

116 

30 

Lock  No.  38, 

Opposite  Bent  Creek, 

- 

116i 

29k 

W.  Horseley, 

- 

118 

28 

Lock  No.  39, 

- 

- 

118£ 

27k 

Elk  Creek  Mills, 

- 

119* 

26k 

J.  Munday, 

- 

121 

25 

Lock  No.  40, 

. 

- 

121  * 

24k 

Lock  No.  41, 

- 

- 

122 

24 

W.  Dillard,  - ' - 

. 

123 

23 

D.  Christian,  deceased,  - 

. 

124 

22 

Lock  No.  42, 

J.  W.  Walker,  B.  F.  Walker, 

- 

125 

21 

H.  Watts’s  heirs, 

. 

126 

20 

Lock  No.  43, 

J.  Dillard’s  heirs,  P.  Munday, 

- 

127 

19 

S.  B.  Turner, 

. 

128 

18 

J.  Dillard, 

. 

129 

17 

Lock  No.  44, 

D.  Staples, 

Staples’s  Mills, 

- 

129  h 

16k 

- . 

130* 

15k 

Lock  No.  45, 

- 

- 

- 

131k 

14k 

W.  Warwick,  deceased, 

. 

132 

14 

Joel  Flood, 

. 

133 

13 

Joshua  Falls  Dam, 

. 

134 

12 

R.  Bolling, 

- 

135 

11 

Head  of  Pond, 

- 

136 

10 

Lock  No.  46  and  47, 

Crossing  of  James  River, 

- 

136 

10 

Lock  No.  48, 

. 

- 

136k 

0k 

Lock  No.  49, 

- 

- 

139k 

6k 

John  Robertson, 

. 

140 

6 

Lock  No.  50, 

J.  B.  Cabell, 

. 

140* 

6k 

A.  Duke, 

- 

143 

3 

Lock  No.  51, 

. 

- 

144 

2 

Lynchburg  Basin, 

- 

146 

0 

Lynchburg  Water  Works  Dam, 

- 

147 

1 

- 


. * 


112  098481 


549 


